CJP leaders Saurav Das, Ashutosh Ranka withdraw plea in HC challenging extension of judicial custody

New Delhi, Oct 21 (SocialNews.XYZ) Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka on Wednesday withdrew their plea before the Delhi High Court challenging the Special Executive Magistrate (SEM) court's order extending their judicial custody in connection with the Jantar Mantar trespassing case.

A single-judge Bench of Justice Subramonium Prasad allowed the withdrawal without expressing any opinion on the merits of the case.

During the hearing, Justice Prasad asked the counsel appearing for the two activists whether it would be better to withdraw the plea, wait for the proceedings before the SEM court at 2 p.m. and then take recourse to the appropriate legal remedy.

"Would it not be better for you to withdraw this, see what happens at 2 PM and then follow the course of law. It is for you to make a decision," the High Court observed.

It further remarked that if the duo obtained relief from the SEM court later in the day, pursuing the High Court proceedings would serve no purpose. "Suppose things happen today in your favour at 4 PM, all gone," Justice Prasad said, before taking a break to enable advocate Abhik Chimni, appearing for the activists, to consider whether he wished to withdraw the plea or press for relief.

After the counsel opted to withdraw the petition, the Delhi High Court permitted the same, clarifying that it had not expressed any opinion on the merits of the matter.

The development comes on the day the judicial custody of the two activists is due to end, with both scheduled to be produced before the SEM court.

CJP's legal affairs head, Ratna Singh, had said on Tuesday that the duo had approached the High Court and requested an urgent hearing. "We have moved the Delhi High Court and requested an urgent night hearing. Saurav and Ashutosh should not spend a single minute behind bars. Their liberty must not be curtailed because of political games. Justice must not wait," she said in a post on X.

On Monday, SEM Ritu Raj had extended their custody, observing that their conduct "shows no respect for law" and reflects their "habitualness in calling protest at de-notified areas".

In its order, the SEM court said the investigating officer had placed substantial material on record, raising concerns over the likelihood of a breach of peace and disturbance of public tranquillity.

It also recorded that the two leaders had allegedly breached the bonds furnished by them before the SEM, South-West District, on October 11 and subsequently committed a breach of peace in the present case.

The SEM further observed that their assurance that they would not repeat the alleged offence did not inspire confidence in view of their past conduct and the material placed on record by the investigating officer.

Das and Ranka, along with CJP member Ajinkya Shinde, were among 14 people detained on October 13 after they allegedly entered Jantar Mantar through private premises and obstructed police personnel from discharging their official duties.

The CJP members were protesting against alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls and had raised slogans against Chief Election Commissioner (CEC) Gyanesh Kumar.

Delhi Police had justified their continued custody, citing repeated violations of law and apprehensions that their release could lead to further violations and instigation of others.

The SEM court had also found the sureties furnished on behalf of the two activists unfit following an inquiry, citing discrepancies in identity documents and the sureties' inability to provide basic details about the persons for whom they stood surety. It had directed them to furnish fresh sureties.

Source: IANS