SEM court orders release of CJP leaders Saurav Das, Ashutosh Ranka in Jantar Mantar case
Synopsis
Key Takeaways
Citizens for Justice and Peace (CJP) leaders Saurav Das and Ashutosh Ranka were ordered released from judicial custody on Wednesday, 21 October, after a Special Executive Magistrate (SEM) court in New Delhi passed an order in their favour in connection with the Jantar Mantar trespassing case. The two activists had been in custody since their detention on 13 October as part of a group of 14 people who allegedly entered Jantar Mantar through private premises.
How the Release Order Came About
Das and Ranka were brought to Mandir Marg Police Station for production before the SEM court following the expiry of their previous judicial custody period. CJP Legal Affairs Head Ratna Singh arrived at the station ahead of the proceedings. The SEM court subsequently passed the order directing their release.
Earlier on Wednesday, the Delhi High Court permitted the two activists to withdraw their petition challenging the SEM court's earlier custody extension order, without expressing any opinion on the merits. A single-judge bench of Justice Subramonium Prasad had advised their counsel to first await the outcome of proceedings before the SEM court before pursuing any further legal remedy, noting that if relief came from the lower court, continuing before the High Court would serve no purpose.
Background: Detention and Custody Extension
The two CJP leaders, along with CJP member Ajinkya Shinde, were among 14 people detained on 13 October after they allegedly entered Jantar Mantar through private premises and obstructed police personnel from discharging their official duties. The CJP members were reportedly protesting against alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls and had raised slogans against Chief Election Commissioner (CEC) Gyanesh Kumar.
On Monday, SEM Ritu Raj had extended the judicial custody of Das and Ranka until 21 October, citing concerns that their conduct raised the likelihood of a breach of peace and disturbance of public tranquillity. The SEM's order recorded that the two leaders had allegedly breached bonds furnished before the SEM, South-West District, on 11 October, and had subsequently committed a breach of peace in the present case.
Police Opposition and Court Observations
Delhi Police had opposed the release of Das and Ranka, citing alleged repeated violations of law and apprehensions that freeing them could lead to further violations and instigate others. The SEM had also directed the duo to furnish fresh sureties after finding the earlier ones unfit following an inquiry. The magistrate cited material placed on record by the investigating officer regarding apprehensions of a breach of peace and disturbance of public tranquillity.
What the CJP Protest Was About
The CJP's protest at Jantar Mantar was centred on alleged irregularities in the Special Intensive Revision of electoral rolls, a process that has drawn scrutiny from civil society organisations. Critics argue the SIR process raises concerns about potential voter disenfranchisement. The protesters' slogans against CEC Gyanesh Kumar underline the political temperature around the electoral roll revision exercise. How authorities respond to similar protests going forward will likely be closely watched by civil liberties groups.