A Special Executive Magistrate on Wednesday ordered the release of Cockroach Janta Party (CJP) co-convenors Saurav Das and Ashutosh Ranka from judicial custody after they undertook in writing not to call for protests at Jantar Mantar until the site is notified as a designated protest venue in accordance with law.
In their written undertakings furnished before ACP Ritu Raj, who is functioning as the SEM of New Delhi district, the two leaders also promised “not to commit any breach of peace” and expressed faith in the judiciary and the SEM court.
Their undertakings stated, “That we reiterate our undertaking and commitment towards peace, law and order, public tranquility and further we specifically state that we will not make any calls for protest at Jantar Mantar till such a time that it is de-notified in accordance with law”.
The undertakings further reiterated that any protest undertaken by them would be done “within the four corners of the constitution”.
The court thereby, accepted the undertakings and ordered their release on furnishing personal bonds and surety bonds of ₹50,000 each.
{{/usCountry}}The court thereby, accepted the undertakings and ordered their release on furnishing personal bonds and surety bonds of ₹50,000 each.
{{/usCountry}}“The immediate measures contemplated under Section 135(3) BNSS for the prevention of a breach of the peace or disturbance of public tranquillity can, in the present circumstances, be adequately secured by the execution of a bond for keeping the peace, supported by the written undertakings now given today in the Court,” the magistrate said, holding that further incarceration was no longer warranted.
The release came two days after the SEM extended their judicial custody, observing that the leaders showed “no respect for law”. The court had also questioned the adequacy of their earlier sureties, observing that they had “no control over the respondents”.
During Wednesday’s proceedings, the investigating officer sought a fresh three-day extension of their judicial custody, arguing that “the threat to law and order persisted”.
The prosecution, represented by legal consultants Bhairav Dass and Prashant Prakash, opposed their release, contending that the leaders’ public statements and media remarks contradicted their submissions before the court.
“Considering their previous conduct and recent developments, the respondents do not deserve any leniency of law,” the prosecution submitted. It also flagged remarks allegedly made by their associates while the duo were being taken to Tihar Jail on an earlier date, claiming these undermined the dignity of the SEM court.
Their counsel, advocate Abhik Chimni, offered an unconditional verbal apology and assured the court that such conduct would not recur.
The magistrate directed the two leaders to strictly comply with their undertakings and bonds and appear at every hearing.
They have also been asked to appear with their sureties on October 23, when the police must submit a verification report on the sureties furnished by them.
The case arose from preventive proceedings initiated by Parliament Street police under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) over apprehensions of a breach of peace.
The proceedings followed an incident in which the duo allegedly scaled an iron gate to enter Jantar Mantar, which had been de-notified as a designated protest site. They had organised a mobilisation against alleged irregularities in the Special Intensive Revision (SIR) exercise.
Delhi Police had in the last hearing, opposed their release, citing the sensitive festival season and alleging that the leaders had previously violated peace bonds.
Police officials in their submissions had warned that the duo could regroup and plan another protest if released. The defence had argued that there was no concrete evidence to suggest they posed an ongoing threat to public safety or would breach the peace.