A special executive magistrate court in Delhi on Wednesday ordered the release of Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka from judicial custody after they furnished written undertakings not to breach the peace or call for protests at Jantar Mantar while the site remains de-notified, PTI reported.
The two leaders were released from Tihar Jail after furnishing personal bonds and surety bonds of Rs 50,000 each until the conclusion of the inquiry. Special Executive Magistrate Ritu Raj ordered their release after accepting the sureties.
The order came after Delhi Police sought a further three-day extension of their judicial custody, arguing that apprehensions of a breach of peace and disturbance of law and order persisted in view of their previous conduct and statements made in the media.
According to PTI, the police also argued that Das and Ranka had made contradictory statements before the court and in the media about their willingness to refrain from similar activities. Their written reply submitted during Wednesday’s proceedings was also cited as being contrary to their earlier submissions.
During the hearing, the police referred to a statement made to the media by another CJP member while the leaders were being taken to Tihar Jail after the previous hearing, arguing that it undermined the authority of the SEM court.
Counsel for Das and Ranka, reportedly tendered an unconditional apology and assured the court that such conduct would not be repeated.
The magistrate observed that the immediate preventive measures required to maintain peace and public tranquillity could be secured through the execution of bonds and the written undertakings furnished by the two leaders. The court held that further judicial custody was not necessary at this stage in view of the assurances given before it.
In their separate undertakings, Das and Ranka promised not to commit any breach of peace and expressed faith in the judiciary and its institutions, including the SEM court. They specifically undertook not to call for protests at Jantar Mantar until the site is de-notified in accordance with law and said any protest undertaken by them would remain within the constitutional framework.
The magistrate directed the investigating officer to submit a verification report on the sureties at the next hearing. The two leaders and their sureties were also directed to remain present on the next date of hearing.
The court further directed Das and Ranka to appear on every date of the proceedings and comply with the conditions of their bonds and voluntary undertakings while maintaining law and order and ensuring that public tranquillity is not disturbed. The inquiry will continue in accordance with law, with the next hearing scheduled for October 23 at 3 pm.
The CJP welcomed the release, with founder Abhijeet Dipke describing the two leaders as “much, much bigger leaders” than himself in a post on X.
“Saurav and Ashu are not just better but much, much bigger leaders than me. Happy to follow your orders, my leaders. Jaan hazir hai,” Dipke wrote.
He added a playful remark in Hindi: “Lekin iske baad mere bina garden mein koi akela nahi ghumega!!!” (After this, don't go walking in the garden without me).
In another post, Dipke shared a photograph of Das and Ranka with the caption “My leaders”.
The party’s legal head, Ratna Singh, also welcomed the order, saying the decision should have come earlier.
“We welcome the decision. I think this decision should have been taken long ago, but it is not too late,” Singh told reporters.
She said the police had sought an extension of custody citing an imminent threat, while the defence argued that there was no imminent threat and no call for a protest.
“You cannot take that as an assumption and extend the judicial custody. The SEM has taken that on record,” she said.
Asked about the Delhi High Court’s observations earlier on Wednesday, Singh said the judge was entitled to express an opinion, but the CJP did not necessarily agree with it. She described the observations as oral and said there had been no discussion on the merits of the case.
Singh said the team was emotional and eager to meet the two leaders after trying for their release over the past week. She also expressed hope that nobody’s liberty would be curtailed in the future over issues related to sureties or technical reasons.
AAP convenor Arvind Kejriwal also welcomed the SEM court’s order, saying the entire nation stood with Das and Ranka.
Earlier, BJP national spokesperson Sambit Patra said the judicial detention of the two leaders was linked to a violation of a peace bond and not to their attempt to unfurl the national flag.
Das and Ranka were detained on October 13 after allegedly climbing the gates of the barricaded Jantar Mantar protest site and raising slogans against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
They were remanded to five days of judicial custody on October 14. On October 19, the SEM court extended their custody by two days, citing concerns about their conduct and the possibility of a breach of peace. The court also rejected the sureties furnished by the two leaders and directed them to provide fresh ones.
Das and Ranka subsequently challenged the October 19 order before the Delhi High Court but withdrew their petition after Justice Subramonium Prasad indicated that a revision plea would be a more appropriate remedy if they did not obtain relief from the SEM court.
Earlier on Wednesday, the High Court declined to interfere with their judicial custody, asking them to await the SEM court’s decision and approach the appellate court if their grievance persisted.
Advocates Abhik Chimni and Pranjal Abrol appeared for the two leaders.
The proceedings were initiated by the Parliament Street police under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) as preventive measures amid apprehensions of a breach of peace and disturbance of public tranquillity during the protests.
(With inputs from PTI)
