Delhi Police May Seek Further Custody of CJP Leaders

The Delhi Police are likely to seek another extension of judicial custody for Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka, who have been lodged in Tihar Jail for seven days following their detention over a protest at Jantar Mantar earlier this month.

The development comes after the Delhi High Court on Wednesday allowed the two leaders to withdraw their petition challenging a Special Executive Magistrate's (SEM) October 19 order extending their custody by two days.

According to The Indian Express, a senior police source indicated that investigators would seek further detention because the two leaders allegedly continued calling for demonstrations despite previously signing bonds undertaking to maintain peace.

Das and Ranka were scheduled to appear before a Special Executive Magistrate at Mandir Marg police station on Wednesday, when their existing custody period was due to expire.

Earlier in the day, Justice Subramonium Prasad of the Delhi High Court questioned the decision to approach the High Court directly when alternative legal remedies were available.

During the hearing, the judge referred to allegations that the two leaders had violated a peace bond shortly after furnishing it on October 10. He also questioned whether the authorities' insistence on fresh sureties could be considered unlawful in the circumstances.

The court suggested that the petitioners await the outcome of proceedings before the Special Executive Magistrate and pursue the appropriate legal remedy if necessary. Their counsel, advocate Abhik Chimni, subsequently withdrew the petition.

The High Court did not decide the legality of the custody order on its merits.

The controversy began on October 13, when Delhi Police detained Das and Ranka after they allegedly crossed security barricades and entered Jantar Mantar, which had been removed from the list of designated protest sites.

The demonstration was organised amid protests against the Special Intensive Revision (SIR) of electoral rolls and demands for the resignation of Chief Election Commissioner Gyanesh Kumar.

The two were placed in judicial custody for five days on October 14. On October 19, Special Executive Magistrate Ritu Raj extended their detention by another two days after rejecting the sureties submitted on their behalf.

According to the magistrate's order, discrepancies were found in the documents furnished by the sureties. One person's photograph reportedly did not match the image on their Aadhaar card, while another was unable to provide satisfactory details about the person for whom they were standing surety.

The defence disputed these findings, arguing that the rejection of the sureties and the continued detention were legally unjustified.

Chimni also questioned the magistrate's authority to extend custody under the circumstances, while the petitioners argued that their continued detention violated the constitutional protection of personal liberty under Article 21.

Meanwhile, investigations into two separate cases registered against the leaders at Connaught Place and Parliament Street police stations have been transferred to the Delhi Police Crime Branch.

The cases concern allegations arising from the October 13 protest, including unauthorised entry into restricted premises and obstruction of police personnel. The allegations remain subject to investigation and have not been established in court.

The latest proceedings have also drawn attention to the preventive powers exercised by Special Executive Magistrates, who can require individuals to execute bonds to maintain peace but do not exercise the same trial jurisdiction as judicial magistrates.

The outcome of Wednesday's proceedings before the Special Executive Magistrate will determine whether the two leaders remain in custody or are released, subject to legal requirements.

Editorial status: A fresh custody-extension order or release decision from the October 21 SEM hearing had not been independently confirmed in the reports checked. The story should be updated before publication if that decision becomes available.