India


Delhi HC Questions CJP Leaders Over Peace Bond Breach, Plea Withdrawn

New Delhi, Oct 21(UNI) The Delhi High Court on Wednesday questioned Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka over their alleged breach of a peace bond and attempt to enter Jantar Mantar without permission, while advising them to pursue the statutory remedy against their continued custody before approaching the High Court.
Justice Subramonium Prasad made the observations while hearing a petition challenging a Special Executive Magistrate’s (SEM) October 19 order extending the duo’s judicial custody by two days after their sureties were rejected. The leaders subsequently withdrew their petition through counsel Abhik Chimni, following the court’s suggestion to await the proceedings before the SEM, which was scheduled to reconsider the sureties later in the day.
The court did not adjudicate the challenge on merits, leaving the petitioners free to explore remedies available under the law. During the hearing, the judge questioned the appropriateness of invoking the High Court’s writ jurisdiction under Article 226 of the Constitution when a statutory remedy was available.
“Your remedy actually lies in revision. There is a difference between maintainability and entertainability… If that is a revisable order, why come in 226?” Justice Prasad asked. Suggesting that the counsel preserve his arguments for the appropriate forum, the judge said, “Instead of arguing now, why not keep your powder dry for revision court and then this court.”
The hearing also saw the judge question the petitioners’ age and their association with the protests. When Chimni informed the court that Das was 27 and Ranka 32, Justice Prasad remarked, “Then you are not Gen Z. What is Gen Z?” After being told that the term generally referred to people born after 1997, the judge questioned whether the two fell within that generation. “People remain the same, cause is changing,” the judge observed, asking about the organisers’ affiliations and the purpose of their association. He said such questions could assume importance when authorities assessed apprehensions of a breach of peace.
On the alleged barricade breach, Justice Prasad cautioned that a demonstration described as peaceful could attract other participants and potentially escalate. “When you go and break a barricade, the chances of 10 or 20 more people in violation of Section 163 (BNSS) is very high,” he observed. The judge added that police permission for demonstrations was intended, among other things, to prevent outsiders from disrupting a gathering.
“You may have started with something you say is peaceful,” he said, warning that organisers might not be able to control everyone joining the protest. The court also questioned whether the insistence on sureties was unlawful in circumstances involving an alleged breach of an earlier bond. “A person goes there, gives a bond, breaks the bond. In such a case, insistence on a surety, can it be said to be that illegal or that much against the law?” Justice Prasad asked, while indicating that the alleged breach would have to be examined.
The case stems from preventive action against the two leaders after their detention at Indira Gandhi International Airport on October 10. They had furnished bonds of Rs 50,000 each before being detained again following their alleged attempt to enter Jantar Mantar, which Delhi Police had de-notified as a designated protest site on October 11.
Their counsel argued that the authorities had not adequately explained the material supporting the apprehension of an imminent threat to public order cited in the SEM’s custody-extension order.
UNI PWS MCR
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