New Delhi [India], October 20 (ANI): Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka have approached the Delhi High Court challenging an order of a Special Executive Magistrate extending their judicial custody, alleging that their continued detention despite furnishing sureties violates their fundamental right to liberty.
According to their legal team, the leaders have challenged the October 19 order passed by the Special Executive Magistrate, New Delhi district, in proceedings initiated against them under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Their lawyers contend that the leaders have remained in custody despite repeatedly furnishing sureties and argue that the decision to extend their detention was arbitrary and contrary to established legal principles.
The legal team said the magistrate rejected fresh sureties submitted on October 19 and directed the leaders to explain why there should not be an apprehension of a breach of peace. The matter is scheduled to be taken up on October 21.
According to their lawyers, earlier sureties were also rejected despite verification reports confirming that the fixed deposits submitted by two sureties were genuine and valid and that the individuals were available at their respective addresses.
The legal team has further argued that the statutory procedure governing the rejection of sureties and extension of custody was not properly followed. It has maintained that the leaders should not be kept in custody merely because of issues relating to the verification or acceptance of sureties.
The lawyers have also questioned the apprehension of a breach of peace, arguing that holding a protest at a site that has been denotified should be treated as a matter of regulation rather than automatically considered a threat to public order.
The leaders have also pointed out that the decision to denotify Jantar Mantar as a designated protest site has been challenged before the Supreme Court and the Delhi High Court.
According to their legal team, Das and Ranka were detained on October 10 upon arriving at Terminal 3 of the Indira Gandhi International Airport. Preventive proceedings were initiated against them the following day, after which they were released on executing bonds of ₹50,000 each.
They were detained again on October 13 after going to Jantar Mantar carrying the national flag and were subsequently shown as arrested under Sections 126 and 170 of the BNSS on October 14.
The legal team said the police sought a further extension of their judicial custody on October 19, citing apprehensions of a breach of peace.
The leaders have sought the setting aside of the impugned order, contending that their continued detention infringes their constitutional right to personal liberty under Article 21. (ANI)
CJP's Saurav Das, Ashutosh Ranka move Delhi HC against custody extension, allege violation of right to liberty
