CJP leaders give written undertakings
The undertakings were furnished before Assistant Commissioner of Police Ritu Raj, who was acting as the special executive magistrate of New Delhi district. They said, “We reiterate our undertaking and commitment towards peace, law and order, public tranquility and further we specifically state that we will not make any calls for protest at Jantar Mantar till such a time that it is de-notified in accordance with law.”
Das and Ranka also promised “not to commit any breach of peace” and expressed “full faith” in the judiciary and the SEM court. They reiterated that any protest undertaken by them would be held “within the four corners of the constitution”. The release order was made public on Wednesday.
“The immediate measures contemplated under Section 135(3) BNSS for the prevention of a breach of the peace or disturbance of public tranquillity can, in the present circumstances, be adequately secured by the execution of a bond for keeping the peace, supported by the written undertakings now given today in the Court,” the magistrate said, holding that further incarceration was no longer warranted.
The magistrate directed the two leaders to comply strictly with their undertakings and bonds and to appear at every hearing. They were also asked to appear with their sureties on October 23, when the police must submit a verification report on the sureties furnished by them.
Prosecution opposes their release
The release came two days after the SEM extended their five-day judicial custody by another two days, observing that the leaders showed “no respect for law”. During Wednesday's proceedings, the investigating officer sought a fresh three-day extension of their judicial custody, arguing that “the threat to law and order persisted”.
The prosecution, represented by legal consultants Bhairav Dass and Prashant Prakash, opposed their release. It contended that the leaders' public statements and remarks to the media contradicted their submissions before the court.
“Considering their previous conduct and recent developments, the respondents do not deserve any leniency of law,” the prosecution submitted. It also flagged remarks allegedly made by their associates when the two leaders were being taken to Tihar Jail on an earlier date, claiming that the remarks undermined the dignity of the SEM court.
Advocate Abhik Chimni, representing Das and Ranka, offered an unconditional verbal apology and assured the court that such conduct would not recur.
How the case began
The case arose from preventive proceedings initiated by Parliament Street police under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita over apprehensions of a breach of peace.
Ranka and Das were arrested on October 12 after they scaled an iron gate and entered the Jantar Mantar protest site. They were arrested a day later for “trespassing”. On October 14, the SEM sent them to five days of judicial custody after the Delhi Police argued that “there was a presumption that the accused might carry out a crime” if they were released.
The SEM court extended their custody by another two days on Monday. The Delhi Police opposed their release, citing the sensitivity of the festival season and alleging that the leaders had previously violated peace bonds. Police officials warned that the two could regroup and plan another protest if released.
The defence argued that there was no concrete evidence to suggest that Das and Ranka posed an ongoing threat to public safety or would breach the peace.
On October 11, Das and Ranka had been released on the condition that they “can not breach peace” for one year. The peace bonds were signed a day after they were detained ahead of a planned protest against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision.
CJP welcomes release order
The CJP said Das and Ranka were released after the expiry of their judicial custody in connection with the October 14 protest at Jantar Mantar. Singh welcomed the order but said it should have been passed earlier.
“We welcome the decision. I think this decision should have been taken long ago, but it is not too late,” Singh said.
She said the police had sought a five-day extension of their custody by citing an imminent threat, while the defence argued that there was no such threat and that no protest had been called.
“You cannot take that as an assumption and extend the judicial custody. The SEM has taken that on record,” she said.
Asked about the Delhi High Court's observations earlier in the day, Singh said the judge was entitled to express an opinion, but the CJP did not necessarily agree with it.
“They have given their opinion. It is an observation, an oral observation. There was no discussion on the merits in the court. We were here today for the release of Saurav and Ashutosh, for which we had been trying for the past week. Finally, that has happened,” she said.
Earlier, the High Court had declined to interfere with the judicial custody of Das and Ranka. It asked them to await the SEM court's decision and approach the appellate court if their grievance persisted.
Singh said the CJP team was emotional and eager to meet the two leaders. “The team is also very emotional right now. They also want to meet them because everyone has not met them for a long time,” she said.
She expressed hope that nobody's liberty would be curtailed in the future over issues related to sureties or technical reasons. Singh added that the release order had been sent and the team hoped to see Das and Ranka soon.
Dipke calls Das, Ranka ‘my leaders’
In a social media post, CJP founder Abhijeet Dipke called Das and Ranka “much, much bigger leaders” than him and said he was willing to follow their orders.
“Saurav and Ashu are not just better but much, much bigger leaders than me. Happy to follow your orders, my leaders. My life is at your service!” Dipke said.
He added playfully, “But after this, don't go alone in the garden without me!” In another post, Dipke shared a photograph of Das and Ranka with the caption, “My leaders”.
Das and Ranka were released after undertaking to maintain peace and not call a protest at Jantar Mantar until its status changes. They must comply with their bonds, attend every hearing and appear with their sureties on October 23.