NEW DELHI: Hours after withdrawing their petitions from the Delhi High Court, Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka on October 21 secured their release from judicial custody after giving written undertakings that they would not call for protests at Jantar Mantar and would maintain peace and public tranquillity.
The undertakings were placed before Special Executive Magistrate (SEM) Ritu Raj, an Assistant Commissioner of Police, who ordered their release on personal and surety bonds of Rs 50,000 each.
In separate undertakings voluntarily submitted to the SEM Court, both leaders promised not to commit any breach of peace and declared that they had “full faith in judiciary and all its instruments including the learned SEM Court.”
They further undertook not to issue calls for protests at Jantar Mantar for as long as the venue remains de-notified in accordance with law. They also assured the Court that any future protest would remain within the constitutional framework.
The assurances came after seven days of custody arising from their alleged unauthorised entry into Jantar Mantar on October 13, despite having executed peace bonds following an earlier detention.
During the hearing on Wednesday, Counsel for Delhi Police also drew the SEM’s attention to certain statements made to the media on October 19, which allegedly undermined the dignity of the SEM Court.
Counsel appearing for Das and Ranka tendered a verbal, unconditional apology and assured the magistrate that such conduct would not be repeated.
The development followed the SEM’s October 19 order, which had expressed serious reservations about the conduct of the two leaders. The magistrate had then observed that their actions showed “no respect for law” and raised concerns over their repeated calls for demonstrations at de-notified locations.
On Wednesday, however, the SEM held that the preventive measures contemplated under Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) could be adequately secured through peace bonds supported by the fresh written undertakings.
The magistrate consequently found further judicial custody unnecessary at that stage, declining the Delhi Police’s request for another three days of detention.
Earlier in the day, Justice Subramonium Prasad of the Delhi High Court had questioned the leaders over their alleged breach of previous peace bonds and their decision to approach the High Court instead of pursuing the available statutory remedy. Both subsequently withdrew their petitions.
The proceedings before the SEM remain pending. The matter is scheduled for October 23, with the police directed to submit a verification report concerning the sureties.
