The activists agreed to withdraw the petition temporarily as the Special Executive Magistrate (SEM) court was scheduled to reconsider their sureties later in the day. The Delhi High Court on Wednesday questioned Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka over their plea in the Jantar Mantar trespassing case and suggested that they withdraw their plea against judicial custody.
The judge also referred to the possible consequences of breaching barricades during a protest, observing that such actions could encourage others to violate restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Delhi Police detained Das and Ranka on October 13 after they allegedly entered the barricaded Jantar Mantar protest site by climbing its gates. They were sent to judicial custody for five days on October 14, with the SEM court extending their custody by another two days on October 19. The petition relied on the 2018 Delhi High Court judgement in Aldanish Rein v State of NCT of Delhi to argue that a person should be released on a personal bond while sureties are being verified.
Advocate Abhik Chimni, appearing for the activists, agreed to withdraw the plea for the time being, according to Bar and Bench. During the hearing, Justice Prasad questioned whether insisting on a surety could be considered unlawful when a person had allegedly breached a preventive bond. They also argued that a protest at a de-notified site was primarily a regulatory issue rather than a threat to public order.
Justice Subramonium Prasad advised the duo to await the outcome of the proceedings before the SEM court before pursuing further legal remedies.
Because the magistrate lacked jurisdiction to extend the activists’ custody in the circumstances, chimni argued that the SEM court’s October 19 order was legally flawed.
