- Hearing on the petition filed on behalf of Sourav Das and Ashutosh Ranka
- The judge asked about the ages of Sourav and Ashutosh
- A definite procedure for taking action against bail violators under BNSS
Delhi High Court Remarks On CJP:The Delhi High Court heard a petition filed on behalf of Cockroach Janata Party spokesperson Saurav Das and Ashutosh Ranka. Both of them have been in judicial custody for the past six to eight days and the SEM court had extended their custody. Meanwhile, during today's hearing, the High Court has criticized the behavior of Sourav and Ashutosh.
CJP Leaders Sourav Das and Ashutosh Ranka were produced in the SEM court at Mandir Marg at 2 pm. The judge asked about the age of Sourav and Ashutosh. During the hearing, the High Court judge asked about the age of Sourav and Ranka. The Chief Justice's counsel explained that Saurav Das is 27 years old and Ashutosh Ranka is 31 years old. They are not 'Gen Z', commented the judge. The Delhi High Court raised questions about the conditions for cancellation and reinstatement of bail bonds. The court noted that the bail was submitted on October 11.
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Bail conditions were later allegedly breached. The court said that under the BNSS, there is a definite procedure to take action against bail violators. This may include measures such as confiscating the surety's money and giving them an opportunity to explain why they should not be prosecuted. The court noted that the authorities should have shown some leniency towards the petitioners by issuing the second notice.
Why not stricter conditions for second breach of bail?
The High Court asked if the authorities do not have the power to impose more stringent conditions if a person breaches bail for the second time. The court also sought information from the lawyers about the current situation. Lawyers for Ranka and Das have also asked to withdraw their plea and wait for today's hearing. Also, the judge asked the ages of Sourav and Ashutosh, to which Sourav Das was 27 and Ashutosh Ranka was 31, the lawyer said. On that, the judge explained that you are not from the 'Gen Z' group. Also, the judges asked about the age of millennials and 'Generation Z' individuals.
The court said that when there is a possibility of breach of peace, these questions become more important. , there is no doubt about the right to protest. But when the question of a potential breach of the peace is raised before a judge, it becomes important to examine the agitators, their motives and their actions. If the purpose of a movement is to bring about a coup d'état, then in a democracy such a change takes place through elections. Therefore, questions such as the identity of the agitators, their motives and their actions become crucial.
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“You are engaging the court in a debate,
The lawyer representing Saurabh Das and Ranka told the court that an application has been filed by the police seeking extension of their custody today. The High Court asked the Delhi Police counsel what the police will demand today.
Additional Solicitor General: Both will be produced in court today after completion of judicial custody. He was asked to furnish a surety for bail.
High Court: Can an appeal be filed against an order refusing bail?
Lawyer: Yes.
High Court: Then why file a petition under Article 226 of the Constitution? Can't you provide two sureties?
The two leaders have challenged the Special Executive Magistrate's (SEM) order to extend their judicial custody. The petitioners have appealed to the High Court against this order seeking relief. The court is hearing the matter today.
A bench headed by Justice Subramaniam Prasad of the Delhi High Court heard two cases today. The first case relates to a petition challenging the judicial custody of Sourav Das and Ashutosh. The second case relates to Neha Bora's challenge to the SEM court's order asking for bail and bond of Rs 10,000 to maintain peace.
Allegations of deliberate delay in bail proceedings
But the Cockroach Janata Party had alleged that the bail process in the case was being deliberately delayed to prevent the release of Saurav Das and Ashutosh Ranka. In their petition, Das and Ranka challenged the special magistrate's order remanding them to two-day judicial custody. They argued that the order violated due process of law and violated their “right to liberty” guaranteed under Article 21 of the Constitution.