On 21st October (Wednesday), a special executive magistrate (SEM) court in Delhi ordered the release of Cockroach Janata Party (CJP) co-convenors Saurav Das and Ashutosh Ranka. Delhi Police had submitted for a three-day extension of their judicial custody, but the request was denied. The duo were brought before the court, and their sureties were also presented during the hearing.
According to Das’s release order, his personal release bond has been approved, and he can be freed from Tihar Jail as long as he isn’t detained for any other reason. The matter concerns their unlawful entry into the denotified protest site, Jantar Mantar, in violation of prohibitory orders.
On 14th October, Executive Magistrate Mahesh Kumar Meena remanded the two to five days of judicial custody, which was later prolonged by two days on 19th October, when the matter was scheduled for further proceedings.
Court records undertakings against protests at Jantar Mantar
A significant aspect of the order was the written undertaking submitted by both CJP co-convenors. They promised not to commit any breach of peace and affirmed their faith in the judiciary and its institutions, including the SEM court.
In their undertakings, both Das and Ranka specifically stated that they would not make any calls for protests at Jantar Mantar until the site is de-notified in accordance with the law. They also reiterated that any protest undertaken by them would remain within the constitutional framework.
The court recorded these undertakings and held that the immediate measures contemplated under Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), intended to prevent a breach of peace or disturbance of public tranquillity, could be adequately secured through bonds and the written commitments furnished by the duo.
Consequently, the court ordered their release and directed that a release warrant be issued to the Superintendent of Central Jail, Tihar, New Delhi.
The order further requires the two respondents to appear before the court on every date of hearing, maintain law and order, refrain from disturbing public tranquillity and strictly adhere to the conditions of their bonds and undertakings. The matter has been listed for further proceedings on 23rd October at 3 PM.
Das and Ranka earlier withdrew their petition before the Delhi High Court challenging orders passed by the Special Executive Magistrate (SEM) in connection with their detention over a protest at Jantar Mantar.
The move came after the court questioned why the petitioners had approached it instead of pursuing the available legal remedies before the magistrate and allowing the ongoing proceedings to take their course. The bench clarified that it had not expressed any opinion on the merits of the case.
Das, Ranka, alongside CJP founder Abhijeet Dipke, were previously detained prior to their unauthorised agitation in the national capital on 10th October. They were subjected to preventive proceedings under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). They were subsequently released after submitting Rs 50,000 in surety bond and promising to maintain peace and good behaviour for a year.
On 13th October, however, Das and Ranka were again caught after attempting to hold an illegal demonstration at Jantar Mantar, which led to their detention and then arrest. In its 19th October judgement, Special Executive Magistrate Ritu Raj noted that they had wilfully broken their bonds and promptly committed a breach of peace and extended their judicial custody.
