Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka have moved the Delhi High Court seeking to set aside an October 19 order extending their judicial custody in preventive proceedings under the Bharatiya Nagarik Suraksha Sanhita (BNSS). They have alleged that their continued detention, despite submitting sureties, violates their fundamental right to personal liberty under Article 21 of the Constitution.
The petition challenges the decision of the Special Executive Magistrate, New Delhi district, in proceedings under Sections 126 and 170 of the BNSS. The leaders have questioned both the grounds for extending their custody and the rejection of sureties offered to secure their release.
According to their legal team, the magistrate declined to accept fresh sureties furnished on October 19 and asked the leaders to explain why an apprehension of breach of peace should not arise in their case. The matter is scheduled for consideration on October 21.
The lawyers have argued that the continued detention is arbitrary, particularly because the leaders had repeatedly submitted sureties that were not accepted.
They have also referred to earlier verification reports which, according to them, established that the fixed deposits submitted by two sureties were genuine and valid. The reports also confirmed that the individuals furnishing the sureties were available at their stated addresses.
The petitioners have alleged that the authorities failed to comply with the prescribed legal procedure while rejecting sureties and extending custody. Their legal team maintains that disputes concerning the verification or acceptance of sureties cannot, by themselves, justify keeping the leaders in detention.
Dispute Over Apprehension of Breach of Peace
The leaders have also disputed the police’s stated apprehension that their activities could lead to a breach of peace.
Their lawyers contend that organising a protest at a location that is no longer officially designated for demonstrations should raise questions of regulatory compliance rather than automatically establish a threat to public order.
They have further pointed out that the decision to withdraw Jantar Mantar’s designation as a protest site is itself under challenge before the Supreme Court and the Delhi High Court.
According to the legal team, the police sought an extension of the leaders’ judicial custody on October 19 on the ground that their release could create apprehensions of a breach of peace.
Detention Following Visit to Jantar Mantar
The legal proceedings arose from a series of detentions earlier this month.
Das and Ranka were initially detained on October 10 after arriving at Terminal 3 of Delhi’s Indira Gandhi International Airport, according to their lawyers.
Preventive proceedings were initiated against them on October 11. They were subsequently released after executing bonds of ₹50,000 each.
However, the two leaders were detained again on October 13 when they went to Jantar Mantar carrying the national flag. Their legal team said they were subsequently shown as arrested on October 14 under Sections 126 and 170 of the BNSS.
Following the latest extension of their custody, the leaders approached the Delhi High Court, arguing that the magistrate’s order was legally unsustainable and infringed their constitutional right to liberty.
They have sought the quashing of the October 19 order extending their detention.
