Delhi HC questions bail bond conditions in plea by Cockroach Janta Party leaders Saurav Das, Ashutosh Ranka

The Delhi High Court on Wednesday heard a plea by Saurav Das and Ashutosh Ranka, spokespersons of the Cockroach Janta Party. Both have been in judicial custody for six to eight days. A Special Executive Magistrate (SEM) court had extended their custody, and they have challenged that order in the High Court. The High Court made stern remarks on the conduct of the two during the hearing.

The two CJP leaders had been produced at 2 pm before the SEM court at Mandir Marg. The High Court judge asked their ages. Their counsel said Das is 27 and Ranka is 31. The judge remarked that they do not fall in "Gen Z", and also asked about the age brackets of millennials and Gen Z.

The High Court also questioned the conditions on which the bail bond was cancelled and then submitted again. The court said the bond had been submitted on October 11. It is alleged that the bond conditions were violated later. The court said the Bharatiya Nagarik Suraksha Sanhita (BNSS) lays down a set procedure for action against those who breach a bond. This may include forfeiting the surety amount and giving an opportunity to explain why action should not be taken. The court also said the authorities should have issued a second notice and shown the petitioners some leniency.

The High Court asked whether authorities do not have the power to impose stricter conditions if a person breaks a bail bond a second time. It also sought an update on the current position from the lawyers. The lawyers for Ranka and Das said the petition could be withdrawn and today's hearing awaited.

The court said these questions become more important where there is an apprehension of breach of peace. There is no doubt about the right to protest. But when the question of a likely breach of peace comes before a judge, it becomes necessary to examine the protesters, their intentions and their actions. According to the court, if the aim of a movement is to overthrow those in power, in a democracy that change comes through elections. Questions of the protesters' identity, intent and actions therefore become decisive.

The lawyer for Das and Ranka told the court that the police had filed an application today seeking extension of their custody. The High Court asked the Delhi Police counsel what the police would seek today. The Additional Solicitor General said both would be produced in court after their judicial custody ends. They had been asked to furnish sureties for bail.

The High Court asked whether an appeal lies against an order rejecting a surety offered for bail. The lawyer said yes. The High Court then asked why a petition under Article 226 of the Constitution had been filed, and whether the two could not furnish two sureties.

The two leaders have challenged the SEM's order extending their judicial custody and have approached the High Court for relief. The bench of Justice Subramonium Prasad heard two matters today. The first is the plea challenging the judicial custody of Saurav Das and Ashutosh. The second is that of Neha Bora, who has challenged an SEM court order seeking a bail and bond of Rs 10,000 to keep the peace.

The Cockroach Janta Party had alleged that the bail process was being deliberately delayed to prevent the release of Saurav Das and Ashutosh Ranka. In their petition, Das and Ranka challenged the special magistrate's order sentencing them to two days of judicial custody. They contend that the order violates legal procedure and infringes their "right to liberty" under Article 21 of the Constitution.