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Delhi HC Questions CJP Leaders’ Protest And Custody Challenge (Img: X)
New Delhi: Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka on Wednesday withdrew their plea before the Delhi High Court challenging the extension of their custody and seeking immediate release, after the court advised them to await proceedings before the Special Executive Magistrate (SEM). During the hearing, the court also cited student-led protests in France that escalated into arson and looting while explaining the importance of police permission for demonstrations.
The court questioned why the two leaders had approached it when proceedings before the SEM were scheduled for later in the day. It suggested that they wait for the outcome and consider the legal remedies available to them.
The plea challenged the SEM’s October 19 order extending the leaders’ custody until October 21 under preventive proceedings initiated under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Das and Ranka argued that their continued detention was illegal and violated their right to personal liberty. They maintained that they had remained in custody since October 13 despite furnishing sureties for their release.
The case stems from their protest at Jantar Mantar on October 13, after the site had been denotified as a designated protest venue. The two allegedly crossed police barricades, unfurled the Tricolour and raised slogans demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
Questioning their decision to enter the site, the High Court 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."
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The High Court referred to student-led protests in France that escalated into arson and looting to underline the risks of demonstrations growing beyond their original scope.
“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 observed that police permission was not intended merely to restrict protesters but also to help prevent uncontrolled gatherings and maintain public order. It noted that the possibility of additional people joining a demonstration could create difficulties if the situation moved beyond the organisers’ control.
The High Court also questioned whether holding a demonstration at a denotified protest site was serious enough to warrant legal proceedings, while indicating that the legality of the leaders’ actions would be examined separately.
“You went there and broke the barricade. That issue we will see,” the court said.
The immediate dispute concerned the extension of custody under preventive proceedings and the leaders’ challenge to the SEM’s order. After withdrawing their plea, Das and Ranka were advised to pursue the proceedings before the SEM and consider other remedies in accordance with the law.
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The withdrawal came after the High Court questioned the decision to approach it before the scheduled proceedings before the magistrate. The leaders’ arguments regarding the legality of their detention and their right to personal liberty had been central to their plea.
