Delhi High Court Examines CJP Leaders’ Protest And Custody (Img: X)
New Delhi: The Delhi High Court on Wednesday referred to student-led protests in France that escalated into arson and looting while hearing a case involving Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka, who were arrested following a demonstration at Jantar Mantar.
The court observed that police permission for protests serves a broader purpose than simply restricting demonstrations. It is also intended to prevent uncontrolled gatherings and ensure that others do not join a protest and disrupt it.
The remarks came as the High Court agreed to hear urgently a plea by Das and Ranka challenging the order extending their judicial custody, which was due to end on Wednesday.
The two leaders were arrested on October 13 for allegedly trespassing into Jantar Mantar and unfurling the Tricolour. They reportedly crossed police barricades and entered the site while raising slogans demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
During the hearing, the court questioned their decision to enter Jantar Mantar after it had been denotified as a protest site. Emphasising the purpose of barricades, it said, "Barricades are there for a purpose. When you go and break a barricade, the chances of more people coming there is — persons who might not be under your control."
Drawing a parallel with the student-led protests in France, the High Court highlighted how demonstrations could escalate beyond their original purpose when more people joined.
“We are seeing this outside our country as well. What started as a student protest has become arson, looting... That’s why you need police permission. It is not just to stop you, but also to prevent others from joining you and spoiling your name.”
The court's observations underscored the role of police permission in managing demonstrations and maintaining public order, particularly when a gathering risks expanding beyond the control of its organisers.
The High Court also questioned whether holding a demonstration at a denotified protest site was serious enough to warrant legal proceedings. It clarified that the legality of the leaders’ actions was a separate matter that would be examined.
“You went there and broke the barricade. That issue we will see,” the court said.
The immediate hearing concerns the CJP leaders’ challenge to the extension of their judicial custody, while the court's remarks indicate that the circumstances surrounding their entry into Jantar Mantar will be considered separately.
