A Special Executive Magistrate (SEM) court in Delhi on Monday extended the judicial custody of Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka by two days, stating that their conduct demonstrated a lack of respect for the law and raised serious concerns about their likelihood to breach peace and disturb public tranquillity.
The court, presided over by SEM Ritu Raj, observed that the activists' assurance that they would not repeat the alleged conduct did not inspire confidence in light of their previous actions. It noted that their behaviour showed 'habitualness' through repeated calls for protests at de-notified areas, which undermined the credibility of their undertakings.
The Investigating Officer's application for custody extension was supported by substantial material on record, which the court said could not be brushed aside without proper consideration. The material raised serious concerns regarding the likelihood of a breach of peace and disturbance of public tranquillity if the respondents were released.
The SEM also rejected the sureties produced for Das and Ranka after finding them unfit. It noted a mismatch between the photograph on one of the sureties' bond and his Aadhaar card. The surety failed to produce another valid identity document and gave unsatisfactory answers during the inquiry. Regarding the other surety, the court found that he could not provide basic details about Saurav Das.
The court recorded that the inquiry revealed both sureties had no control over the respondents to ensure their presence before the court, which is the primary essence of a surety arrangement. With no other surety present, the respondents were directed to furnish fresh sureties.
Das and Ranka were detained by Delhi Police on October 13 after they allegedly entered the barricaded Jantar Mantar site by climbing its gates. They were sent to judicial custody for five days on October 14. As the initial custody period ended on October 19, they were produced before the SEM, where the police sought an extension, which the court granted for two additional days.
The police informed the court that the activists had breached an undertaking given before the SEM on October 11. It was stated that they had called upon the public to assemble at Jantar Mantar, which has been de-notified as a protest site. The police further alleged that Das and Ranka repeatedly used social media to mobilise people for protests at non-designated locations, including Jantar Mantar and Connaught Place.
Officials also referred to an anonymous allegedly threatening WhatsApp communication received by the predecessor court, noting that a separate daily diary entry had been registered in connection with it.
Opposing further detention, counsel for the respondents argued for immediate release and assured the court that the activists would not repeat the alleged conduct. They also disputed the allegation that calls for protests had been issued after October 10.
The court has now listed the case for further consideration on October 21.