Congress leader Rahul Gandhi on Wednesday condemned the five-day judicial custody of Cockroach Janta Party (CJP) co-conveners Ashutosh Ranka and Saurav Das, saying peaceful protest and displaying the national flag are not crimes.
“Waving the Tricolour at Jantar Mantar in a peaceful protest is not a crime. Jailing youth for it is an act of cowardice. Students. Youth. Journalists. The INDIA bloc. Different banners, one cause. All protests are one: citizens demanding their constitutional rights. Jantar Mantar belongs to the people of India. We will reclaim it,” he said in a post on X.
A special executive magistrate sent Das and Ranka to five days’ judicial custody and lodged them in Delhi’s Tihar Jail on Wednesday, according to reports. Police alleged that they had violated their peace bonds and trespassed into Jantar Mantar. They had been detained on Tuesday after allegedly breaching barricades and entering the area without authorisation while demanding chief election commissioner Gyanesh Kumar’s resignation.
CJP founder Abhijeet Dipke also accused Prime Minister Narendra Modi of imposing an “unofficial Emergency” after the two leaders were sent to five-day judicial custody for allegedly trespassing into Jantar Mantar in New Delhi on Tuesday while demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
The custody of the CJP leaders triggered an outcry from opposition leaders and party members, who questioned the authorities’ action against protesters waving the Tricolour.
Dipke accuses Modi of imposing ‘unofficial Emergency’
Talking to reporters in Nagpur, Dipke asked what offence Das and Ranka had committed by waving the national flag at Jantar Mantar, which had been denotified as a protest site.
“I want to tell Narendra Modi that if you want to impose Emergency in the country, then do it officially,” Dipke said.
“What is this, acting like cowards, imposing an unofficial Emergency where you keep people in custody for five days just for waving the national flag at Jantar Mantar? That didn't even happen during the Emergency (imposed by Indira Gandhi in 1975),” PTI quoted him saying.
“Waving the tricolour has become the worst sin in this country, such that people are sent to judicial custody for five days for it. So I want to say to Narendra Modi, don't be such a big coward; show some courage. If you want to impose Emergency, then do it officially if you have guts,” he added.
The court sent Das and Ranka to five days' judicial custody and lodged them in Delhi's Tihar Jail on Wednesday for allegedly violating their peace bonds and trespassing into Jantar Mantar. They were detained early Tuesday after allegedly breaching barricades and entering the area without authorisation, raising slogans demanding the CEC's resignation.
Asked about protests by the Opposition INDIA bloc seeking the CEC's resignation, Dipke said the CJP is an independent pressure group and will always remain so.
“But that does not mean CJP is against the INDIA bloc. The movement of the INDIA bloc and CJP's movement are for the same cause,” he said.
Opposition, student leaders question custody
Opposition also drew attention to the contrasting treatment of men affiliated with a Hindutva group who were seen beating up protesters and were granted bail on the same day.
Nationalist Congress Party (Sharadchandra Pawar) spokesperson Anish Gawande questioned the disparity, saying, “Saurav and Ashutosh have been sent to Tihar for five days while the Hindu Kranti Dal activists who come to Connaught Place with knives, sticks and swords are released on bail the same evening. What is happening in the country?”
MP Mahua Moitra also questioned the trespassing charge, asserting that Jantar Mantar belonged to citizens and that they were free to unfurl the national flag there.
“Trespassing on what? Jantar Mantar belongs to citizens & we are free to unfurl the tricolour there. As are @SauravDassss & @AshutoshRanka. Delhi is not Modi’s Baap ka Jaagir,” she wrote on X.
CJP leader Ajinkya Shinde accused the government of misusing its powers to curtail fundamental rights.
“The dictatorial Modi-Shah government has sent Saurav and Ashutosh to jail for five days. Today was Ashutosh’s birthday, and on his birthday, he has been sent to jail for raising the slogan of 'Bharat Mata Ki Jai' and waving the Tricolour. I want to tell the people of the entire country that this government has begun using its system and misusing its powers to violate the fundamental rights of the people of this country,” Shinde said.
Neha Bora, who shared the news on X, wrote: “5 days judicial custody for what? The govt is making all attempts to crush people's dissent and ensure this resistance vanishes. Sending Saurav and Ashutosh away is nothing but an attempt at that!
Delhi police said protesters entered private premises and obstructed personnel carrying out their duties. They also alleged repeated attempts to disturb public peace and instigate others through social media.
CJP legal head Ratna Singh accused Delhi Police of misleading the magistrate by claiming it had called other protesters to join the demonstration at Jantar Mantar.
“Delhi police lied in front of court today that a call was given for other protesters to join at Jantar Mantar yesterday. Absolutely false! No public call was ever made. I feel bad that police has to act on orders from “top”- itni wafadari!” she wrote on X.
Saket Gokhale also questioned the decision to send the two CJP leaders to Tihar Jail.
“This is immensely fucked up. They’re being sent to Tihar Jail for what? Just for protesting with the Indian flag at Jantar Mantar! In solidarity with @Cockroachisback, @SauravDassss, & @AshutoshRanka WE MUST ALL FIGHT THIS!” he posted on X.
Advocate and author Prashant Bhushan questioned whether entering Jantar Mantar and unfurling the national flag could constitute an offence, even after the site was denotified as a protest area.
“What is the offence in entering Jantar Mantar & unfurling the National Flag, even if it is de notified as a protest site. Is unfurling the National flag anywhere in the country an offence?” he wrote.
Lawyer questions legality of custody order
Advocate Abhisht Hela, who represents Das, Ranka and Shinde, questioned the legality of the order sending the two CJP leaders to judicial custody, arguing that the authorities had acted on presumptions rather than evidence.
Speaking to IANS, Hela said: “One very important point is that the order passed today was issued without the application of judicial mind. The laws laid down by the Supreme Court have been completely disregarded.”
“Another important point is that the authorities have started acting on presumptions. The court said that it believes they could do something, and on that basis, they have been sent to jail for five days. I will repeat what Ajinkya said: they have been sent to judicial custody for five days for raising the slogan ‘Bharat Mata Ki Jai’ and waving the national flag. This is deeply distressing and a black day for the country,” Hela told IANS.