The Delhi high court on Wednesday pulled up jailed Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka over their alleged attempt to enter Jantar Mantar after the site was de-notified as a designated protest venue, observing that "barricades have a purpose". The two leaders withdrew their plea challenging the extension of their judicial custody as the Delhi high court refused to entertain it.
CJP's Das and Ranka have been in judicial custody since October 14 after allegedly scaling the locked gates of Jantar Mantar, from where they led a protest - along with outfit founder Abhijeet Dipke - in June-July that resulted in the resignation of education minister Dharmendra Pradhan. Jantar Mantar was denotified as a designated protest site earlier this month.
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. Track LIVE updates from Saurav Das, Ashutosh Ranka's hearing here
The challenge follows an October 19 order by the special executive magistrate (SEM) at Delhi's 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, HT earlier reported.
"When your bail bonds are accepted, sureties are given. When a bail bond is broken there is a procedure in BNSS. Instead of following that procedure which can be forfeiting your surety etc, probably they are more benevolent to you by giving you fresh notice," the court remarked.
‘Barricades there for a purpose’: HC cites ‘arson’ outside India
{{/usCountry}}"When your bail bonds are accepted, sureties are given. When a bail bond is broken there is a procedure in BNSS. Instead of following that procedure which can be forfeiting your surety etc, probably they are more benevolent to you by giving you fresh notice," the court remarked.
‘Barricades there for a purpose’: HC cites ‘arson’ outside India
{{/usCountry}}The high court also questioned the petitioners' conduct, pointing out that they were at the forefront of the protest and had allegedly breached barricades despite not having permission.
"Barricade is there for a purpose… and when you break the barricade, there is a chance of 10-20 people coming," the court told duo's lawyer Abhik Chimni, referring to incidents of “arson” and unrest in other countries.
“We are seeing what is happening outside our country... Arson etc. You may have started with something you say is peaceful. For that purpose you take police permission which is to prevent unwanted persons who join your group and spoil your name,” Bar and Bench quoted the high court as observing.
The high court observation comes in the wake of violent protests sweeping France.
Questioning the circumstances surrounding the protest, the court asked Chimni: “You went there broke a barricade… without permission… all we will see … What is happening here? Is it (SEM's order) revisable order?”
Court further asked Chimni, “Instead of arguing now, why don’t you keep your powder dry? First before the revisional court (trial court) and then high court. Are you not firing your gun today when it might not be required in law?”
Midway, the court asked how old were Das and Ranka, to which Chimni replied 27 and 32, respectively.
“Saurav is 27 and Ashutosh is 32,” Chimni said, according to Bar and Bench.
The court reportedly responded, “Then you are not GenZ. What is GenZ? Court is informed that people born after 1997 are GenZ. Then you are not GenZ.”
Das and Ranka questioned over bail bond breach
The high court asked Abhik Chimni about the procedure followed after their bail bonds were furnished and allegedly breached with Jantar Mantar trespass act. The court observed that the petitioners had furnished bail bonds on October 11, the same day Jantar Mantar was de-notified as a designated protest site, before being arrested again. It questioned why the procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita (BNSS) for breach of bail bonds was not followed.
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.
The duo's lawyer, during the hearing on Wednesday, said the Delhi police have not given any explanation as to what material was received that in future there is an “imminent threat”, as cited in the October 19 that extended Das and Ranka's judicial custody.