Cockroach Janta Party (CJP) co-conveners Saurav Das and Ashutosh Ranka on Wednesday withdrew their petition in the Delhi High Court challenging the extension of their judicial custody by a Special Executive Magistrate (SEM).
Justice Subramonium Prasad allowed the withdrawal after advising the leaders to await the outcome of a hearing before the magistrate later in the day. The court said they could approach the appellate court if their grievance remained unresolved.
The judge clarified that permitting the withdrawal did not amount to any observation on the merits of their case. During the hearing, the court also orally observed that a petition under Article 226 of the Constitution was not an appropriate remedy in the matter.
The petition was taken up after the CJP leaders sought an urgent hearing despite the High Court being closed for the Dussehra break.
CJP leaders challenge remand order
Das and Ranka had challenged the SEM's October 19 order extending their judicial custody.
A newly appointed SEM at the Mandir Marg police station had ordered their remand until October 21 after they were produced before him on Monday.
The two leaders were taken into custody on October 13 after they allegedly climbed over a locked gate to enter Jantar Mantar, which had earlier been denotified as a designated protest site. They were initially sent to five days of judicial custody.
Detention followed protest against Chief Election Commissioner
Das and Ranka were among CJP workers who displayed the national flag and raised slogans against Chief Election Commissioner Gyanesh Kumar at Jantar Mantar. They were detained and placed under preventive arrest on October 13.
The latest proceedings concerned their challenge to the extension of custody by the SEM. The High Court's decision to permit withdrawal leaves the leaders free to pursue the remedies indicated by the court, including approaching the appellate court if their grievance persists after the magistrate's hearing.