CJP leaders challenge custody extension in Delhi High Court (Img: IANS)
New Delhi: Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka on Tuesday approached the Delhi High Court, challenging the extension of their judicial custody and seeking their immediate release. Their petition also requested an urgent hearing, including a night hearing, citing the continued deprivation of their liberty.
The satirical political outfit has challenged an order passed by the Special Executive Magistrate (SEM) on October 19, which extended the custody of the two leaders by another two days.
The petition contended that keeping Das and Ranka in custody violated their fundamental right to liberty under Article 21 of the Constitution. It claimed that the two had spent seven consecutive days in Tihar Jail without adequate legal justification.
The CJP also alleged that bank-verified sureties and fixed deposit receipts (FDRs) submitted on October 16 and 19 were rejected by the SEM on what it described as trivial grounds.
Citing the Delhi High Court's ruling in 'Aldanish Rein vs State of NCT of Delhi', the petition argued that the leaders should be released on personal bonds while verification of their sureties is pending.
The CJP challenged the extension of custody under Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), alleging that the SEM accepted police applications without proper scrutiny.
According to the petition, the detention was extended despite there being no FIR, no alleged fresh offence and no evidence of an imminent threat to public order.
CJP Legal Head Ratna Singh alleged that the case demonstrated an arbitrary use of executive authority and infringed upon the fundamental rights of the two leaders. The organisation said it had approached the High Court seeking constitutional protection and their immediate release.
On Monday, a newly appointed SEM at Mandir Marg police station extended the leaders' judicial remand by two days after they were produced before him.
Das and Ranka were detained on October 13 for allegedly climbing over a locked gate to enter Jantar Mantar, which had previously been de-notified as an authorised protest site. They were subsequently placed in judicial custody for five days.
