A habeas corpus petition has been filed before the Supreme Court of India seeking the production and release of Cockroach Janta Party (CJP) founder Abhijeet Dipke and other party leaders allegedly detained in connection with protests in Delhi against Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision (SIR) of electoral rolls. The petition, filed under Article 32 of the Constitution by CJP Coverage Coordinator Gaurav Bharti, also seeks the release of party co-convenor Saurav Das, spokesperson Ashutosh Ranka and other persons allegedly detained or restrained ahead of the October 10 protests.
The plea contends that refusal of permission to hold a demonstration cannot, by itself, justify detention and that any deprivation of personal liberty must independently satisfy constitutional and statutory safeguards. It invokes Articles 14, 19, 21 and 22 of the Constitution, raising questions concerning freedom of speech and peaceful assembly, personal liberty and safeguards against unlawful arrest. The petition seeks disclosure of the identities and whereabouts of detainees, the circumstances and legal grounds of their detention, and preservation of relevant records, including CCTV footage, police station diaries and movement registers.
The petition also questions whether a prohibitory order issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for the Parliament Street area could justify detentions outside its territorial limits, including at Delhi airport and Gurugram. The plea further alleges that several detainees were taken to undisclosed locations without any FIR or preventive detention order being disclosed. It seeks production of the original order refusing protest permission, the prohibitory order, its accompanying map and police records establishing the legal basis for each detention.
The petition also refers to the reported detention of CJP legal head Ratna Singh and other advocates in connection with the protests. It seeks disclosure of the circumstances of their detention, including the identity of the detaining authorities, the legal grounds invoked and their present custodial status. According to the petition, Dipke, Das and Ranka were intercepted and taken into custody at Indira Gandhi International Airport after landing in Delhi, allegedly before they could reach the proposed protest venue at Jantar Mantar.
The petition clarifies that it does not seek immunity from lawful action concerning any separate offence supported by specific material. The Union government, Delhi government, senior Delhi Police authorities and the States of Haryana, Maharashtra and Uttar Pradesh have been arrayed as respondents. Bharti's petition may also be taken up during the special sitting, subject to the Court's directions. The petition was filed through Advocate-on-Record Rajesh G. Inamdar and advocate Shashwat Anand.