CJP leaders Saurav Das and Ashutosh Ranka will remain in judicial custody till October 21 after a Special Executive Magistrate rejected their sureties and cited an imminent apprehension of a fresh breach of peace.
The SEM, South-West District, said the two had deliberately breached bonds furnished on October 11 and immediately committed a breach of peace.
Their assurance that they would not repeat the alleged offence “does not inspire confidence”, the order said.
“Their conduct is not above board; rather, it shows no respect for law and their habitualness in calling protest at de-notified areas,” it stated.
The magistrate said the investigating officer’s application was backed by substantial material raising concerns about a breach of peace and disturbance of public tranquillity.
WHY THE SURETIES WERE REJECTED
The magistrate conducted an inquiry into both sureties after repeated requests from the defence counsel and found them unsuitable.
One could not explain an apparent mismatch between the photographs on the surety bond and the Aadhaar card. The person also failed to produce another valid identity document and gave answers the order described as vague or unsatisfactory.
The other could not provide basic details about Das, including his parentage and address, despite standing as his surety.
The magistrate said neither surety had established credibility or the ability to exercise control over the leaders to ensure their appearance before the SEM. Ensuring their production was a primary purpose of furnishing surety, the order noted.
With no other sureties available at the time, Das and Ranka were directed to furnish fresh ones and remanded to judicial custody for two more days.
WHAT THE DEFENCE ARGUED
The lawyers sought the leaders’ immediate release and assured the magistrate that they would not repeat the alleged offence.
They said neither had issued a call for a protest after October 10 and that both had gone to Jantar Mantar individually.
The SEM said those submissions did not inspire confidence in view of the leaders’ conduct and the material submitted by the investigating officer. It held that preventive measures remained necessary.
“Considering the imminent apprehension, past conduct of the respondent and the submissions advanced on both sides, I deem it fit that an opportunity be given to the respondents to file and place on record their submissions in writing within 2 days,” the order said.
Further proceedings are scheduled for October 21.
- Ends