CJP activists move Delhi HC challenging custody extension order

CJP activists Saurav Das and Ashutosh Ranka have approached the Delhi High Court challenging the Special Executive Magistrate's order extending their custody. They argue their detention is illegal and seek immediate release.

Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka have approached the Delhi High Court challenging the order of the Special Executive Magistrate (SEM) extending their judicial custody, and seeking their immediate release. The legal team representing the two activists mentioned the petition for an urgent hearing, following which the High Court agreed to take up the matter on Wednesday.

Activists Allege Illegal Detention

In their petition, Das and Ranka have challenged the October 19 order of the Special Executive Magistrate, New Delhi district, extending their custody till October 21 in preventive proceedings under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The petitioners have sought quashing of the impugned order, interim release and a stay on the custody extension, contending that their continued detention is illegal and violates their right to personal liberty.

They have argued that they have remained in custody since October 13 despite repeatedly furnishing sureties for their release. According to the plea, additional sureties were also present on October 19 with executed bonds and fixed deposit receipts, but were not allowed to present them.

The petition further contends that Section 135(3) of the BNSS does not confer an independent power to extend custody for a fixed period on a police application, and that detention under the provision is linked to a default in executing a bond.

Background of the Case

The case stems from the activists’ protest at Jantar Mantar on October 13, after the site was denotified as a designated protest venue. The petitioners have argued that the allegations relied upon by the police relate to events that had already occurred and do not establish an imminent threat warranting their continued detention.

The High Court will consider the activists’ challenge to the custody order and their plea for immediate release.

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