Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka on Wednesday withdrew their plea before the Delhi High Court challenging their judicial custody, after the court expressed its reluctance to entertain the matter in view of the availability of an alternative remedy.
Justice Subramonium Prasad, who was hearing their petition, allowed them to withdraw it without expressing any opinion on the merits of the case.
The court advised Das and Ranka to see what transpired before the Special Executive Magistrate (SEM) on Wednesday and file an appeal if their grievance persisted.
The case was taken up by the court after the CJP leaders sought an urgent hearing in the high court, which is shut due to the Dussehra break. Das and Ranka had moved the high court challenging the SEM's October 19 order extending their judicial custody by two days, till October 21.
During the hearing, advocate Abhik Chimni, appearing for Das and Ranka, argued that the October 19 order extending their custody was legally unsustainable. He contended that the SEM lacked jurisdiction to extend their custody and alleged that preventive proceedings were being used arbitrarily.
Chimni also questioned the rejection of the sureties, arguing that two additional sureties were available but were not called upon for consideration. He pointed out that the SEM’s order referred to discrepancies in photographs and difficulties in verifying details relating to one of the petitioners.
The court, however, questioned why the petitioners had approached it under Article 226 of the Constitution when an alternative legal remedy was available. It observed that an appellate or revisional court could examine the facts and the merits of the order, while writ proceedings primarily examine the decision-making process.
Chimni expressed apprehension that the sureties could again be rejected on fresh grounds, forcing the petitioners to approach the High Court once more. He argued that the petitioners had already spent several days in custody while attempting to furnish sureties.
The court also referred to the petitioners’ earlier bond and the circumstances surrounding their return to Jantar Mantar after the site was denotified as a designated protest venue. It observed that the alleged breach of the bond and the possibility of further disturbance were relevant considerations in the preventive proceedings.
Das and Ranka were taken into custody on October 13 after allegedly climbing over a locked gate to enter Jantar Mantar, which had earlier been denotified as a designated protest site. They were initially remanded to five days of judicial custody.
Along with other CJP workers, Das and Ranka displayed the national flag at the site and shouted slogans against Chief Election Commissioner Gyanesh Kumar before being detained and placed under preventive arrest on October 13.
A newly appointed Special Executive Magistrate at Mandir Marg police station on Monday ordered their judicial remand until October 21 after they were produced before him.
According to Delhi Police, the protesters allegedly entered the denotified protest site by trespassing through private premises and obstructed police personnel from discharging their official duties.
The CJP has alleged that the bail proceedings in the case have been deliberately delayed to prevent the release of its two co-convenors.
(With inputs from PTI and ANI)