NEW DELHI: CJP members Saurav Das and Ashutosh Ranka have been sent to five days of judicial custody, while Ajinkya Shinde has been bound down, after 14 party members allegedly trespassed into Jantar Mantar, which is no longer a designated protest venue, and obstructed cops on duty.
Bound down means an individual has to appear before an IO whenever called and inform cops before leaving the city.Police said the action was prompted by repeated alleged violations of law and concerns that accused could again disturb public peace.‘Concerns they were likely to breach peace’Police also feared that they could instigate others. Two FIRs have been registered, including one under the section relating to criminal conspiracy.DCP (New Delhi) Sachin Sharma said, “Police personnel deployed at the spot intervened and attempted to stop them. However, the protesters allegedly obstructed police personnel in the discharge of their official duties.” Subsequently, all the persons were bound down in the respective case as per law.The DCP said that in view of their alleged repeated attempts to disturb peace and violate the law, Ranka, Das, and Shinde were arrested under relevant preventive provisions.
“Their alleged attempts to instigate others via social media to engage in similar unlawful activities were also taken into consideration,” he added.The three were produced before the special executive magistrate, where proceedings under Sections 126 (security for keeping peace in other cases) and 170 (arrest to prevent commission of cognisable offences) of the BNSS were initiated. Police also submitted videos of CJP representatives jumping a gate and unfurling the flag at Jantar Mantar Tuesday.
The court, considering the kalandra (preventive legal measure) details, in view of their repeated violations of law and serious apprehension that if released on bail, they will again violate law and instigate others, remanded Das and Ranka to five days of judicial custody.
Special executive magistrate Mahesh Kumar Meena held that their conduct after being released earlier after executing personal and surety bonds of Rs 50,000 each for maintaining peace and good behaviour showed they were likely to breach “peace and tranquillity”.
The magistrate had directed them to “keep peace in the area for a period of one year from the date of order”. Their lawyer, Abhisht Hela, argued that an executive magistrate had no power to order judicial custody and said he would approach Delhi High Court.
Shinde was released on personal bond and surety of Rs 5,000. However, he was “bound down to maintain peace and good behaviour for six months”. Under Section 141 of BNSS, a magistrate can order the arrest and detention of a person found to have breached a peace bond executed under Section 136 for the remainder of the bond period.
The matter has been listed for further inquiry on Oct 19.The FIR invokes sections 223, which deals with disobedience of an order duly promulgated by a public servant, 332 (house-trespass in order to commit an offence) and 61 (2) (criminal conspiracy) of BNS at Connaught Place police station.The second FIR was registered under sections 221 (obstructing public servant in discharge of his public functions), 115 (voluntarily causing hurt), 132 (assault or criminal force to deter public servant from discharge of his duty), 121 (voluntarily causing hurt or grievous hurt to deter public servant from his duty) and 3 (5) (common intention) of BNS at Parliament Street police station.