Justice Subramonium Prasad urged CJP leaders Das and Ranka to withdraw their plea, as the SEM court was set to review their sureties at 2 pm.
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Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka withdrew their petition in the Delhi high court on Wednesday challenging the extension of their judicial custody by a Special Executive Magistrate (SEM) court.
Justice Subramonium Prasad, who was hearing the matter, declined to entertain the plea, suggesting the duo to withdraw their plea for the time being, as the SEM court was scheduled to reconsider the sureties furnished by Das and Ranka at 2 pm on Wednesday.
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“When the matter is coming again, why are you here? Why can’t the same be challenged in the trial court? Why can’t you withdraw this, wait for what happens and then file it following the procedure of law?” the judge asked.
“Instead of arguing now, why don’t you keep your powder dry? First before the revisional court and then the High Court. Are you not firing your gun today when it might not be required in law?” he added.
The challenge followed an October 19 order by the special executive magistrate (SEM) at Delhi's Mandir Marg police station extending their custody by two days. Das and Ranka have been in judicial custody since October 14 after allegedly scaling the locked gates of Jantar Mantar
Also Read | 'Barricades have a purpose': Delhi HC pulls up Saurav Das and Ashutosh Ranka, cites arson outside India
The court allowed the duo’s lawyer, Abhik Chimni, to seek instructions on whether to withdraw the petition, have the court pass an order on merits, or seek a hearing before the roster bench. Minutes later, Ranka and Das withdrew their petition.
At the start of the hearing, the court also questioned the conduct of Das and Ranka, noting that they were at the forefront of the protest and had allegedly breached barricades at Jantar Mantar despite not having permission to hold the demonstration.
“Barricade is there for a purpose… and when you break the barricade, there is a chance of 10-20 people coming,” the court told the duo’s lawyer, Abhik Chimni, referring to incidents of arson and unrest in other countries. The court’s remarks come amid violent protests in France and Albania.
“We are seeing what is happening outside our country... Arson etc. You may have started with something you say is peaceful. For that purpose you take police permission which is to prevent unwanted persons who join your group and spoil your name,” Bar and Bench quoted the High Court as observing.
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