Daijiworld Media Network - New Delhi
New Delhi, Oct 21: Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka were ordered to be released from judicial custody on Wednesday after submitting written undertakings before a Special Executive Magistrate (SEM), assuring that they would maintain peace and refrain from calling for protests at Jantar Mantar until the site is de-notified in accordance with law.
SEM Ritu Raj directed their release after they furnished personal bonds and surety bonds of Rs 50,000 each, which will remain in force until the conclusion of the inquiry into the Jantar Mantar trespassing case.
In their written undertakings, both activists promised not to breach the peace and expressed full faith in the judiciary and all its instruments, including the SEM court.
“We reiterate our undertaking and commitment towards peace, law and order, public tranquillity and further we specifically state that we will not make any calls for protest at Jantar Mantar till such a time that it is de-notified in accordance with law,” their undertakings stated.
They further undertook that any protest would be conducted “within the four corners of the Constitution”.
The SEM court observed that the immediate measures required under Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to prevent a breach of peace or disturbance of public tranquillity could be adequately secured through the execution of bonds backed by the written undertakings.
“Hence, further judicial custody does not appear to be necessary at this stage, particularly after written undertakings before this Court,” the order stated.
The release order came after Delhi Police sought a further three-day extension of their judicial custody, arguing that apprehensions of a breach of peace and disturbance of public tranquillity persisted in view of the leaders’ subsequent statements and conduct.
The police also contended that the activists had taken contradictory stands before the court and in the media regarding their willingness to refrain from similar activities.
During the proceedings, counsel for the activists tendered an unconditional apology to the court over remarks allegedly made by a party member while the two leaders were being taken to Tihar Jail on an earlier date.
The SEM court directed the two leaders to appear on every date of hearing and strictly comply with the conditions of their bonds and voluntary undertakings. It also instructed the investigating officer to submit a verification report on the sureties at the next hearing.
The inquiry will continue in accordance with law, with the matter listed for further proceedings on Friday at 3 pm.
Earlier on Wednesday, the Delhi High Court allowed Das and Ranka to withdraw their plea challenging the SEM court’s order extending their custody, without expressing any opinion on the merits of the case.
A single-judge Bench of Justice Subramonium Prasad had asked their counsel to consider withdrawing the petition and await the proceedings before the SEM court before pursuing an appropriate legal remedy.
The two CJP leaders, along with party member Ajinkya Shinde, were among 14 people detained on October 13 after they allegedly entered Jantar Mantar through private premises and obstructed police personnel from discharging their official duties.
The CJP members were protesting against alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls and had raised slogans against Chief Election Commissioner (CEC) Gyanesh Kumar.