CJP’s Saurav Das, Ashutosh Ranka challenge extension of judicial custody in Delhi HC

Saurav Das and Ashutosh Ranka said they had remained in custody for 6 days despite submitting multiple sureties, challenging the grounds cited for rejecting.

Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka on Tuesday moved the Delhi High Court, challenging a special executive magistrate’s order extending their judicial custody in a case concerning an alleged peace bond violation.

CJP chief spokesperson Saurav Das and national spokesperson Ashutosh Ranka. (File Photo/PTI)

The writ petition, filed through advocate Abhik Chimni, termed the order illegal, arbitrary and a violation of the petitioners’ constitutional rights, including their right to liberty under Article 21.

The challenge follows an October 19 order by the special executive magistrate (SEM) at Mandir Marg police station extending their custody by two days. The magistrate had cited concerns over public peace and security, and said the CJP leaders showed “no respect for law” by repeatedly calling for protests at de-notified sites, supporting Delhi Police’s contention that their release could pose an imminent threat to public order.

Petition challenges surety rejections and custody order

The petitioners argued that the order was contrary to a Delhi High Court ruling in Aldanish Rein vs State of NCT of Delhi & Anr., which held that an arrested person should be released on a personal bond once surety bonds are submitted, pending their verification. They said they had remained in custody for six days despite submitting multiple sureties.

The plea also challenged the grounds for rejecting the sureties, including that they had “no control over the Respondents” or could not recall their parentage. Such reasons violated Section 140 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the petition argued, adding that surety verification should be an inquiry into fitness rather than “a gruelling exercise”.

It further alleged that the SEM had failed to apply independent judgment, relying instead on the investigating officer’s submissions. A protest at a de-notified site, the petition argued, was a matter of regulation, not necessarily a threat to public order.

Background to the case

The case stems from CJP demonstrations demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

On October 10, Das and Ranka were detained at Terminal 3 of Indira Gandhi International Airport. Preventive action was initiated under Sections 126 and 170 of the BNSS, and they initially furnished bail bonds of ₹50,000 each.

On October 11, Delhi Police de-notified Jantar Mantar as a designated protest site. The decision has been challenged separately before the Supreme Court and the Delhi High Court.

Then on October 13, the two leaders visited Jantar Mantar carrying the national flag and were detained the following day. The SEM subsequently remanded them to five days of judicial custody, citing apprehensions of a breach of peace. On October 19, the magistrate rejected their sureties over concerns about their control over the petitioners and discrepancies in identity documents, extending their custody by another two days.

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