NEW DELHI: The Delhi High Court did not take up the petitions filed by Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka on Tuesday (October 20), despite their legal team requesting an urgent night hearing against the extension of their judicial custody.
The request came during the High Court’s Dussehra vacation. The two leaders had approached the court earlier in the day to challenge the order passed by Special Executive Magistrate (SEM) on Monday, which extended their custody by two days. However, no hearing took place on Tuesday night. Their lawyers have said they will seek listing of the matter on Wednesday (October 21).
The petitions were filed through advocate Abhik Chimni. CJP’s legal affairs head Ratna Singh had demanded an immediate hearing, saying the two should not spend another minute behind bars.
Das and Ranka have been lodged in Tihar Jail since October 14 following their alleged unauthorised entry into the Jantar Mantar which was barricaded after being denotified as protest site a day earlier. They were initially remanded to five days’ custody. On October 19, SEM Ritu Raj granted a further two days after Delhi Police sought an extension.
The SEM recorded that the leaders had breached peace bonds executed on October 11 and continued calling for demonstrations at places no longer designated for protests. The magistrate also expressed concern that their release could disturb public peace.
The order rejected the sureties produced by the leaders. One surety’s photograph reportedly did not match his Aadhaar document, while another was unable to provide basic details about Das.
In their challenge before the Delhi High Court, the petitioners have disputed the grounds for continued detention and questioned the rejection of their sureties. They have invoked Article 21 of the Constitution, alleging that the proceedings have unlawfully curtailed their personal liberty. The CJP has also challenged the extension of custody under Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), questioning the preventive detention proceedings in the absence of an FIR concerning the Jantar Mantar incident.
The proceedings before the SEM are separately listed for October 21, when the two-day extension expires.
