CJP leaders Saurav Das and Ashutosh Ranka withdrew their plea challenging custody extension in the Delhi High Court after the court asked them to await a lower court's review of their sureties. They were detained after allegedly climbing barricades at Jantar Mantar.
Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka on Wednesday withdrew their petition before the Delhi High Court challenging the extension of their judicial custody until October 21, after the court suggested they wait for a lower court to reconsider their sureties, Bar and Bench reported.
The development raises questions about the legal options available to the two activists.
Justice Subramonium Prasad suggested that the activists withdraw their plea for the time being, as the special executive magistrate (SEM) court was scheduled to reconsider the sureties furnished by them at 2 PM on Wednesday, according to the report.
Their counsel, advocate Abhik Chimni, agreed to withdraw the petition.
The judge also suggested that the activists approach the revisional court if the SEM court's decision went against them, rather than immediately seeking relief from the High Court, the report said.
Why did the Delhi High Court suggest withdrawal?
During the hearing, Justice Prasad questioned whether the rejection of sureties was necessarily illegal, given the allegations that the activists had violated an earlier preventive notice.
The judge asked whether insisting on sureties could be considered unlawful when a person had allegedly furnished a bond and subsequently breached its conditions.
He also raised concerns about the potential for protests to escalate into public-order problems, particularly when barricades were breached and other people could join a demonstration.
"When you go and break a barricade, the chances of 10 or 20 more people in violation of Section 163 (BNSS) are very high," the judge observed, according to Bar and Bench.
What had the activists challenged?
Das and Ranka had challenged the SEM court's October 19 order extending their judicial custody by two days, arguing that the magistrate lacked jurisdiction to continue their detention on the grounds cited.
Their plea alleged that they had remained in custody for six days despite repeatedly furnishing sureties.
Why were their sureties rejected?
The SEM court rejected the sureties furnished for the two activists after raising concerns about their identity documents and their ability to ensure the activists' appearance before the court, as per Bar and Bench.
According to the October 19 order cited in the report, one surety's photograph did not match the photograph on his Aadhaar card. The magistrate noted that he failed to produce another valid identity document and gave unsatisfactory answers.
The other surety reportedly could not provide basic details about Saurav Das.
Why were the CJP activists detained?
Delhi Police detained Das and Ranka on October 13 after they allegedly entered the barricaded protest site at Jantar Mantar by climbing its gates.
They were sent to judicial custody for five days on October 14. On October 19, the SEM court extended their custody by another two days, according to reports.
In its order, the magistrate said their conduct raised concerns about respect for the law and the likelihood of a breach of peace and tranquillity.
The activists challenged the legality of their continued custody and the rejection of their sureties.
Advocates Abhik Chimni and Pranjal Abrol appeared for Das and Ranka. Delhi Police was represented by Additional Solicitor General Chetan Sharma and Central Government Standing Counsel Ashish Dixit.