NEW DELHI: Cockroach Janta Party (CJP) co-conveners Saurav Das and Ashutosh Ranka on Wednesday withdrew their petition in the Delhi High Court challenging the extension of their judicial custody by a Special Executive Magistrate (SEM).
Justice Subramonium Prasad asked their counsel to wait for the outcome of the SEM’s hearing scheduled later in the day and to approach the appellate forum if the grievance persisted. Allowing the withdrawal, the judge clarified that he had made no observations on the merits of the case. The court also remarked orally that a petition under Article 226 of the Constitution was not the appropriate remedy here.
The matter was heard after the two leaders sought an urgent listing, as the High Court is closed for the Dussehra break. They had challenged the SEM’s October 19 order, which remanded them to judicial custody until October 21 in preventive proceedings under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita. Das and Ranka have argued that they have remained in custody since October 13 despite repeatedly furnishing sureties.
The two were taken into custody on October 13 after they allegedly climbed over a locked gate to enter Jantar Mantar, which had earlier been denotified as a designated protest site. Along with other CJP workers, they displayed the national flag and shouted slogans against Chief Election Commissioner Gyanesh Kumar before being detained and placed under preventive arrest. A magistrate then sent them to five days’ judicial custody, and they were lodged in Tihar Jail.
Delhi Police have alleged that the protesters entered the site through private premises and obstructed officers in the discharge of their duties. The CJP has alleged that the bail proceedings were deliberately delayed to keep its two co-conveners behind bars. On Monday, a newly appointed SEM at the Mandir Marg police station ordered their judicial remand until October 21.