Delhi. The petition of Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka was heard in the Delhi High Court on Wednesday. Cockroach Janata Party (CJP) co-convenors Saurav Das and Ashutosh Ranka on Wednesday withdrew their petition from the Delhi High Court challenging the order to extend their judicial custody. The court of Justice Subramaniam Prasad, while allowing him to withdraw the petition, made it clear that no comment has been made on the merits of the case. Now the eyes of both the leaders are fixed on the outcome of the hearing before the Special Executive Magistrate.
High Court told another legal path
During the hearing, the court made oral remarks that filing a petition under Article 226 of the Constitution is not the appropriate legal remedy in this case. The justice advised the leaders' counsel to see the outcome of the hearing before the special executive magistrate on Wednesday. If their complaint still persists, they can approach the appellate court. Both the leaders had requested for immediate hearing in the High Court, which was closed due to Dussehra holidays. His petition was against the October 19 order of the Special Executive Magistrate, in which his judicial custody was extended by two days.
Both the leaders have challenged the order to extend their judicial custody. During the hearing, the High Court raised questions regarding the violation of the terms and conditions of the bond and the process of filling the bond again. The court said that the bond was filled on October 11 and it is alleged that its conditions were violated thereafter. The court emphasized that there is a prescribed procedure for action in case of breach of bond under the Indian Civil Code (BNSS).
According to the court, this process may include steps like confiscation of the amount of the person giving bail and giving the person concerned an opportunity to explain why action should not be taken against him. The court also commented that it is possible that the authorities may have shown some leniency towards the petitioners by issuing the notice again.
Order to extend custody challenged in High Court
Saurav Das and Ashutosh Ranka have challenged the October 19 order of the Special Executive Magistrate. The High Court is closed this week due to Dussehra holidays. Bora's plea relates to the notice issued on October 17 under section 126 of the Indian Civil Security Code (BNSS). In the notice, the student leader was asked to appear before the Special Executive Magistrate on October 19 and explain why he should not be ordered to furnish a personal bond of Rs 10,000 with one surety “to maintain peace during the period of investigation”.
Neha Bora challenged the police notice
Justice Subramaniam Prasad will also hear a separate petition by All India Students Association (AISA) president Neha Bora. Bora has challenged the October 17 notice of Delhi Police asking him to furnish a bond before the Special Executive Magistrate (SEM) to maintain peace.
AISA President Neha Bora has challenged the October 17 notice of Delhi Police issued under Section 126 of the Indian Civil Security Code (BNSS) in the High Court. He was released on notice on 17 October. In the notice, he was asked to appear before the Special Executive Magistrate on October 19 and explain why he should not be ordered to furnish a personal bond of Rs 10,000 with one surety to maintain peace during the period of investigation.
CJP leader detained after hoisting tricolor at Jantar Mantar
Saurav Das and Ashutosh Ranka along with other workers of the Cockroach Janata Party (CJP) waved the national flag at Jantar Mantar on October 13 and raised slogans against Chief Election Commissioner Gyanesh Kumar. After this, the police took both the leaders into custody and arrested them as a precautionary measure. On October 14, the Special Executive Magistrate had ordered to send both of them to judicial custody for five days for the first time.
Delhi Police alleges that the protesters allegedly tried to gain unauthorized entry from the private premises to reach the site, which was removed from the list of sites earmarked for protests. According to the police, the protesters also stopped the policemen from carrying out official work. At the same time, COJPA has alleged that the bail proceedings were deliberately prolonged to prevent the release of its two co-convenors. Now the matter has reached Delhi High Court regarding the order to extend the custody, where it is to be heard.
Slogans were raised by waving the national flag
Das and Ranka, along with other CJP workers, had waved the national flag at Jantar Mantar and raised slogans against Chief Election Commissioner Gyanesh Kumar. After this, the police took him into custody on October 13 and arrested him as a precautionary measure. At present, after the withdrawal of the petition from the High Court, the next step in the case will depend on the outcome of the hearing before the Special Executive Magistrate and further legal options available.