‘We are seeing what is happening outside our country’: Delhi HC judge’s remark as CJP leaders Saurav Das and Ashutosh Ranka withdraw custody plea

Advocate Abhik Chimni, representing Das and Ranka, agreed to withdraw the plea after Justice Subramonium Prasad pointed out that the SEM court was scheduled to consider the sureties submitted by the two at 2 pm on Wednesday.

Court questions challenge to surety requirement

During the hearing, Justice Prasad questioned whether insisting on sureties was illegal when a person had allegedly violated a preventive bond.

"Here is a case where one preventive notice has been broken and when you give for second preventive notice...A person goes there gives a bond, breaks the bond, correct or not we will see later... Breaks the bond in which case...in such a case, insistence on a surety, can it be said to be that illegal or that much against the law?" the judge said.

The judge also referred to the possibility of a peaceful protest being disrupted by other participants and stressed the importance of police permission in such situations.

"When you go and break a barricade, the chances of 10 or 20 more people in violation of Section 163 (BNSS) is very high. There may be persons who might not be in your and who may do things. We are seeing what is happening outside our country. Arson etc. You may have started with something you say is peaceful. For that purpose you take police permission which is to prevent unwanted persons who join your group and spoil your name," he said.

Judge advises petitioners to approach revisional court

Justice Prasad also advised Das and Ranka to approach the appropriate revisional court before moving the High Court.

"You are a person who has actually broken a bond...Your remedy actually lies in revision. There is a difference between maintainability and entertainability. Maintainable it is. I do not see the difference between 2 kilometers there and 2 kilometers there (the jurisdictional court). If it is a revisable order why come in Article 226?" the judge said.

He further questioned the urgency of approaching the High Court when the SEM court was scheduled to consider the sureties later that day.

"When the matter is coming up today, why run here? Also, if it is a revisable order would it not be appropriate for you do withdraw this, see what happens at 2 PM [before SEM court] and then see what is available to you in law...Instead of arguing now, why not keep your powder dry for revision court and then this court. Suppose things happen in your favour at 4'clock then all gone. If they don't happen in your favour then you can go to revisional court and then this court," he added.

Court asks about CJP's association and purpose

During the hearing, Justice Prasad also questioned Das and Ranka about whom they represented, whether they belonged to Gen Z and the purpose of their association.

"People remain the same, cause is changing. Correct? The next question will be who are you. What are you? What is your association what is the purpose of your association? Please understand when there is apprehension of peace and tranquility, all these questions will assume importance...You are drawing the court into a debate which might ultimately not go in your favour," the judge said.

Why were Ashutosh Ranka, Saurav Das arrested?

The arrests stem from the CJP's protest at Jantar Mantar, which was recently denotified as a designated protest site.

According to the CJP, Ranka and Das entered the premises to unfurl the national flag and raise slogans.

It has continued to challenge the decision to withdraw Jantar Mantar's designated protest-site status, arguing that the move should not be used to silence demonstrations.