A special executive magistrate on Wednesday ordered the release of Cockroach Janta Party (CJP) co-conveners Saurav Das and Ashutosh Ranka from judicial custody after they agreed not to call any protests at Jantar Mantar until the site is re-notified as a designated protest site.
The written undertakings, furnished before assistant commissioner of police (ACP) Ritu Raj, acting as the SEM of New Delhi district, said, “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.”
In it, they also promised “not to commit any breach of peace” and expressed “full faith” in the judiciary and the SEM court. The undertakings further reiterated that any protest undertaken by them would be done “within the four corners of the constitution”. The order was also made public on Wednesday.
The court thereby, accepted the undertakings and ordered their release on furnishing personal bonds and surety bonds of ₹50,000 each.
“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 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.
Prosecution opposed release
The release came two days after the SEM extended their five-day judicial custody by another two days, observing that the leaders showed “no respect for law”.
During Wednesday’s proceedings, the investigating officer (IO) had 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 two were being taken to Tihar Jail at an earlier date, claiming these undermined the dignity of the SEM court.
Advocate Abhik Chimni, representing Das and Ranka, offered an unconditional verbal apology and assured the court that such conduct would not reoccur.
Background to the case
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.
Ranka and Das were arrested on October 12 after they scaled an iron gate and entered the Jantar Mantar protest site. They were arrested a day later for “trespassing”. On October 14, SEM sent the duo to five days of judicial custody after the Delhi Police argued that “there was a presumption that the accused might carry out a crime” if released.
On Monday, the SEM court extended their judicial custody for another two days. Delhi Police had opposed their release, citing the sensitivity of the festival season and alleging that the leaders had previously violated peace bonds.
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Police officials in their submissions had warned that the two 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.
On October 11, Ranka and Das had been released on the condition that they “can not breach peace” for one year, a day after signed a day after being detained ahead of a planned protest against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR).