Delhi Police have sought a further three-day extension of judicial custody for Cockroach Janta Party leaders Saurav Das and Ashutosh Ranka after the Delhi High Court noted that they had allegedly breached peace bonds furnished earlier this month. The two have spent seven days in Tihar Jail and are lodged in separate high-security wards.
The development followed a hearing before Justice Subramonium Prasad, during which the court examined the circumstances surrounding the extension of their custody by the Sub-Divisional Executive Magistrate. Das and Ranka later withdrew their plea challenging the order after the court asked their counsel to consider whether an alternate remedy before the sessions court was available.
The police had earlier indicated that they would seek a custody extension because the two men allegedly called for protests despite furnishing bonds undertaking not to organise such protests for a year. The court was told that the bond furnished on October 10 was allegedly breached the following day.
Das and Ranka, along with CJP founder Abhijeet Dipke, had arrived in Delhi on October 10 to protest at Jantar Mantar and demand the resignation of Chief Election Commissioner Gyanesh Kumar. The trio was detained soon after landing and released the next day after furnishing personal and surety bonds of Rs 50,000 each. The bonds required them to keep the peace and maintain good behaviour.
According to officers cited by The Indian Express, another group of 14 people, including Das, Ranka and CJP national organisation in-charge Ajinkya Shinde, entered Jantar Mantar on October 14. The group allegedly used a narrow lane behind the Janata Dal (United) office, climbed over a locked iron gate and entered the site, which had been denotified as a protest location. The group then unfurled the Tricolour and raised slogans before being detained, police said.
The incident has resulted in two separate cases against Das and Ranka. One case was registered at Connaught Place police station under provisions relating to disobedience of an order issued by a public servant, house trespass and criminal conspiracy. The second case was registered at Parliament Street police station. Both matters were subsequently transferred to the Crime Branch.
During the High Court hearing, the judge said the court generally examines the decision-making process rather than substituting its own decision for that of the authority, unless the decision is so perverse that it “shocks the conscience”. The court also asked whether authorities were entitled to demand stricter proof after the two men had allegedly breached the peace bond for a second time by entering Jantar Mantar and waving a flag.
The immediate issue before the authorities is whether the alleged breach of the bonds and the Jantar Mantar entry justify continued judicial custody. The police have sought the extension, while the court proceedings have shifted towards the available remedy before the sessions court.
