MUMBAI: A habeas corpus petition has been filed in the Supreme Court by CJP coverage co-ordinator Gaurav Bharti, seeking the production and release of Cockroach Janta Party (CJP) founder Abhijeet Dipke, co-convenor Saurav Das, spokesperson Ashutosh Ranka and others allegedly detained in connection with the party’s proposed protest in Delhi on Saturday.
The protest was called to demand action over alleged irregularities involving Chief Election Commissioner (CEC) Gyanesh Kumar and the Special Intensive Revision (SIR) of electoral rolls.
The 56-page petition, a copy of which was exclusively accessed by TNIE, seeks disclosure of the identities and whereabouts of those detained, the circumstances and legal grounds of their detention, and the production and preservation of relevant custody records, including CCTV footage, police station diaries and movement registers.
The petition was filed through advocates Rajesh G. Inamdar, Advocate-on-Record, and Shashwat Anand.
The plea contends that denial of permission for a demonstration cannot, by itself, justify detention, and that any deprivation of personal liberty must independently satisfy the requirements of law and the Constitution. Invoking Articles 14, 19, 21 and 22, it raises concerns over equality before the law, freedom of speech and peaceful assembly, personal liberty, and safeguards against unlawful arrest and detention.
The petition cites Supreme Court judgments, including D.K. Basu v. State of West Bengal, and other relevant precedents. It seeks the release of those whose detention is found to be unlawful, while clarifying that it does not seek immunity from lawful action in connection with any separate offence supported by specific evidence.
“Dipke, Das and Ranka were intercepted and taken into custody at Indira Gandhi International Airport after their flight landed in Delhi, allegedly before they could reach the proposed protest venue at Jantar Mantar. Reports have also referred to the detention or restraint of other CJP members, activists and prospective participants at different locations,” the petition stated.
The Union of India, the Government of the National Capital Territory of Delhi, senior Delhi Police officials, and the states of Haryana, Maharashtra and Uttar Pradesh have been named as respondents, given the alleged detentions and restrictions across different jurisdictions.
A separate habeas corpus petition concerning detentions linked to the same protest, filed by senior Supreme Court advocate Menaka Guruswamy, is listed for hearing on Sunday before a Bench comprising Justices Joymalya Bagchi and V. Mohana. The present petition may also be taken up during the special hearing, subject to the court’s directions.