CJP leaders Saurav Das and Ashutosh Ranka have moved the Delhi High Court against a Special Executive Magistrate’s order rejecting their sureties and extending their judicial custody till October 21.
Their lawyers argued that Monday’s order was legally flawed and that no material on record justified either the rejection of sureties or the custody extension.
The legal team has sought an urgent hearing during the court’s vacation and is awaiting a response from the High Court registry.
WHAT THE MAGISTRATE SAID
The SEM, South-West District, cited an imminent apprehension of a fresh breach of peace while extending their custody. It said Das and Ranka 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 supported by substantial material raising concerns about a breach of peace and disturbance of public tranquillity. Preventive measures remained necessary, it held.
WHY THE SURETIES WERE REJECTED
The SEM examined 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 or produce another valid identity document. The order described the person’s answers 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 had established credibility or the ability to ensure the leaders’ appearance before the SEM, a primary purpose of furnishing surety.
With no other sureties available, Das and Ranka were directed to furnish fresh ones and remanded to judicial custody for two more days.
WHAT THE DEFENCE ARGUED
During Monday’s proceedings, 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 protest call after October 10 and that both had gone to Jantar Mantar individually.
The SEM rejected those assurances, citing the leaders’ conduct and the investigating officer’s material. It gave them two days to file written submissions and listed further proceedings for October 21.
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