CJP leaders Saurav Das, Ashutosh Ranka sent to 5-day judicial custody

Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka were sent to five days’ judicial custody on Wednesday, October 14. 

They were detained along with CJP activist Ajinkya Shinde for allegedly trespassing at Jantar Mantar in New Delhi on October 13, a day after the protest site was removed from the list of designated venues for demonstrations. It was part of the ongoing protest demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

According to reports, the three activists were produced before the Special Executive Magistrate at Mandir Marg in Delhi around 8 am on October 14.

Delhi Police sources said Das and Ranka had violated Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and breached the conditions of the bonds they had signed after an earlier detention. The sources said the court took note of the alleged violations while remanding the two to judicial custody. The charges against them include charges included trespassing, violation of bond conditions, and obstruction of a public official's duty.

Das and Ranka had signed a bond of Rs 50,000 and undertaken to maintain peace for a year after being detained during an earlier protest in the national capital on Saturday, October 10.

The three activists were detained early on Tuesday, October 13, after allegedly crossing police barricades and attempting to enter Jantar Mantar. Police registered a case against them over the incident, with the charges including trespassing, violation of prohibitory orders, breach of a peace bond and obstruction of a public servant from discharging official duties.

Advocate Abhisht Hela, who represents Das, Ranka, and Shinde, questioned the grounds for the custody and challenged the authority of the Special Executive Magistrate to pass the order.

“They have been sent to five-day judicial custody because of the presumption of the police that they can commit a crime. Police lied in court that they had given a call urging people to come [to Jantar Mantar]. They had not given any such call. They have not violated the bond [signed on October 11]. The separate complaint over Connaught Place has been misused here,” Hela said.

The lawyer also said that the powers to order judicial custody lay with a Judicial Magistrate First Class, or a Magistrate First or Second Class, and questioned whether the Special Executive Magistrate had the authority to do so. He said the police had alleged that the activists violated their bonds and could repeat the alleged offence, while the defence disputed those claims.

CJP founder Abhijeet Dipke confirmed the custody order in a post on X. Criticising the action, he said, “Ashu and Saurav have been sent to 5 days judicial custody. Their fault? Unfurling tricolour at Jantar Mantar. Show some guts, @narendramodi. If you're so determined to crush dissent, have the courage to officially declare an Emergency instead of hiding behind these cowardly tactics.”

CJP activist Ajinkya Shinde alleged that the activists were detained for waving the national flag and raising patriotic slogans. Speaking to reporters, he said he, Das, Ranka, and other volunteers had gone towards Jantar Mantar and raised the slogans “Vande mataram” and “Bharat mata ki jai”.

Shinde alleged that the government was misusing its powers and violating people's fundamental rights. He also said the five-day custody would not deter the party's activists from continuing their protest.

“Today was Ashutosh's birthday. On his birthday, they sent him to jail for waving the Vande Mataram slogan and the tricolour flag,” Shinde said.

CJP legal team head Ratna Singh alleged that the activists were not allowed to meet their lawyers until late at night and were brought to Parliament Street Police Station at around 3 am in a private van. She also said that they were not initially informed of the grounds for their detention.

The arrests come amid protests by the CJP and Opposition groups over alleged irregularities in the SIR exercise and demands for the resignation of Chief Election Commissioner Gyanesh Kumar.

On October 11, Delhi Police Commissioner Anurag Kumar issued an order designating Ramlila Maidan, Burari Ground, and CBD Ground as venues for protests and demonstrations. Jantar Mantar was removed from the list of designated protest sites following the order.

The CJP opposed the decision, arguing that shifting demonstrations away from the political centre of the national capital would reduce the visibility and impact of public protests.