New Delhi: The arrests of Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka today have raised questions over the legal grounds for sending them to judicial custody for five days. While police cited alleged attempts to disturb public peace and violations of the law, their lawyers told ThePrint the latest arrests relate to a separate trespassing case, not a breach of the personal bonds they signed last week.
Their advocate Abhisht Hela said these arrests are for allegedly “sneaking” into Jantar Mantar by jumping barricades carrying the Indian national flag Tuesday, soon after Jantar Mantar was de-notified as a protest venue.
There is a distinct difference between what the CJP leaders promised in their personal bonds (not disturbing peace for a year) and what they have been charged with now, CJP lawyers point out. One of them, Pushp Sharma, said the latest allegations were of obstructing a public servant on duty, gathering in a prohibited area and trespassing, all of which are bailable and non cognisable offences, rather than a breach of the bonds.
A special executive magistrate’s court remanded Das and Ranka in judicial custody for five days, while another CJP leader, Ajinkya Shinde, was released on a personal bond.
“As per the police, they have violated the personal bond. However, they have not. This is a case of trespassing,” Sharma told ThePrint.
So, what exactly were the conditions of Das and Ranka’s personal bonds? And why has a separate FIR been registered now which have led to their re-arrest and judicial custody? ThePrint explains.
Saturday’s detention
On Saturday, the Delhi Police had taken Dipke and CJP spokespersons Ranka and Das into custody as soon as they landed in Delhi from Mumbai to participate in their planned ‘Jantar Mantar 2.0’ agitation. On Sunday, October 11, the three CJP leaders, Abhijeet Dipke, Saurav Das and Ashutosh Ranka, were released from detention.
They were produced before a special executive magistrate in Delhi Cantt Sunday morning, who released them with conditions. None of the three, under the executive magistrate’s conditions, can indulge in any activity that breaches peace and tranquility for the next one year.
While waves of supporters turned out across the national capital Saturday in response to their call, widespread restrictions and detentions by authorities prevented the agitators from mobilising as they did in July when they protested against grievances related to public exams in India.
The trio was detained under sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Under Section 126 of the BNSS, a special executive magistrate can require a bond from individuals in detention to ensure peace in situations where a breach of peace or a public disturbance is suspected.
Section 170 empowers the police to arrest individuals without an arrest warrant or a magistrate’s order if they have knowledge of a design to commit a cognisable offence and the offence cannot be prevented by any other means.
The Delhi Police told the court the detentions were preventive.
Fresh arrest Tuesday
The CJP leaders’ lawyer, advocate Abhisht Hela, told ThePrint that a special executive magistrate court has now remanded Das and Ranka to five days of judicial custody after they were put in preventive arrest on allegations of entering Jantar Mantar. The FIR was registered a day after Jantar Mantar was de-notified as a protest site.
In a video shared by CJP founder Abhijeet Dipke, the CJP members were seen running towards Jantar Mantar and sloganeering, flag in hand Tuesday morning. As they gathered inside Jantar Mantar, security personnel stationed there detained them.
DCP (New Delhi) Sachin Sharma said police personnel deployed at the spot intervened and attempted to stop them. However, the protesters allegedly obstructed police personnel in the discharge of their official duties.
The CJP had earlier submitted written intimation of a peaceful protest at Jantar Mantar to the Delhi Police and given them 24 hours to respond. Later in the day, the Ministry of Home Affairs (MHA) notified through a standing order that Jantar Mantar was no longer a protest site.
All 14 people at Jantar Mantar were detained, and an FIR was registered at Connaught Place police station under sections BNS 223a (disobedience to an order lawfully issued by a public servant), 332 (house-trespass in order to commit an offence), 61(2) (criminal conspiracy) and another FIR was registered under sections of the BNS 221 (voluntarily obstructing a public servant in the discharge of their public functions), 115(2) (voluntarily causing simple hurt), 132 (assault or criminal force used to deter a public servant from discharging their duty), 121(1) (voluntarily causing hurt or grievous hurt to deter public servant from his duty) and 3(5) (common intention) at Parliament Street police station.
DCP Sharma said that in view of their alleged repeated attempts to disturb public peace and violate the law, Ashutosh Ranka, Sourav Das and Ajinkya Shinde were arrested under the relevant preventive provisions of law. Their alleged attempts to instigate others through social media to engage in similar unlawful activities were also taken into consideration.
After considering the matter, the magistrate said that in view of their repeated violations of law, and the serious apprehension that if released on bail they would again violate the law and instigate others to violate the law, the court was remanding Saurav Das and Ashutosh Ranka to five days of judicial custody.
As per Sharma, the order says, “Since no sound sureties have been produced at this stage, and to maintain public peace and order, the respondents are remanded to judicial custody for five days.”
“On a clear note, even if it is trespass, at Jantar Mantar, a public property, even if in violation of the bond, there is no explanation as to why five days of judicial custody is needed,” Sharma added.
Explaining the procedure in ordinary circumstances, Sharma said, “Usually, the SDM can send them to judicial custody, and the amount is confiscated. But the total number of days they can be sentenced for is seven days.”
“But, ideally SDM never sends them to jail, they confiscate the amount and sign another bond and leave them with a warning. What they do is they give such a punishment that you can stay here for some time—they make them stay till 4 pm in court,” Sharma added.
He added: “BNS has made the punishment lighter, which is more reformative. But this particular case was seen harshly.”
Hela told ThePrint, “The individuals did not breach (conditions of the bond), the legal technicalities have been misused. All individuals have the right to free assembly, speech, and to exercise their rights. The public at large was not endangered, they did not damage any public property.”
(Edited by Viny Mishra)
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Keep them for 500 days instead. Who are they? Some wannabe commies writing for TheWire? That is already proof of their loyalties. They dont want good for IN. They want to make sure IN stops moving fwd. Why do they think they are speaking for everyone in the country? Are rhey even tax payers? Why should I listen to these and more like them who live off benefits, deeply into wokeism, and live for follower count?
There is a video of them being detained in the flight. One passenger says shame on you. Das had the audacity to tell her shame on you instead. And apparently Das is our voice? Maybe his background hasn’t taught him humility. Reflects on his face, body language.
Print will do better if you turn around and do some investigative journalism about where their funding is coming from. Oh, include Neha Bora in that list too, while you are at it!