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Delhi High Court Hearing on CJP Leaders’ Custody Extension

By Drooid · · How we work

Core Event

On October 21, 2026, the Delhi High Court heard a petition by Cockroach Janta Party (CJP) co-convenors Saurav Das (27) and Ashutosh Ranka (32) challenging a Special Executive Magistrate’s (SEM) order of October 19, 2026 that extended their judicial custody until October 21, 2026. Justice Subramonium Prasad questioned their choice of remedy under Article 226 and permitted them to withdraw the plea, leaving the issues unresolved.

Background & Context

The activists were detained on October 13, 2026 after scaling a locked gate at Jantar Mantar, which had been de-notified two days earlier. They were placed in five-day judicial custody on October 14, 2026. The SEM later extended the custody by two days, citing concerns that the leaders had “shown no respect for law” and might breach peace again. CJP argues that the protest was a regulatory issue, not a threat to public order, and that continued detention violates Article 21.

Timeline

Timeline
DateEvent
Oct 13Das and Ranka climb barricade; arrested.
Oct 14Five-day judicial custody ordered.
Oct 19SEM extends custody to Oct 21; rejects sureties.
Oct 21High Court hearing; petition withdrawn.

Legal Arguments

  • Petitioners (CJP) – Counsel Abhik Chimni argued that the SEM lacked jurisdiction to extend custody, that rejecting sureties was unsupported, and that the order violated the right to liberty under Article 21.
  • Respondent (Delhi Police/ASG Chetan Sharma) – Asserted that the leaders’ breach of a peace bond justified stricter surety conditions and that their presence at a de-notified site posed a threat to tranquility.
  • Court’s Observations – Justice Prasad noted the petitioners had already broken a bond, questioned the use of Article 226 instead of a revision remedy, and warned that breaking barricades could encourage further violations of Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Official Statements & Responses

  • The bench said the petitioners’ challenge to the Supreme Court-pending de-notification of Jantar Mantar was premature.
  • The court made no observation on the merits and directed parties to await the SEM’s decision on the sureties.

Criticism & Opposition

  • Abhijit Dipke, CJP founder, called the detention a “political game” and highlighted hardship for activists’ families.
  • Ratna Singh, CJP legal head, posted that “Justice delayed is justice denied,” accusing authorities of arbitrarily extending custody.

Data & Statistics

  • Ages: Saurav Das – 27, Ashutosh Ranka – 32.
  • Custody timeline: detained Oct 13, first custody 5 days (Oct 14-18), extended 2 days (Oct 19-21) -> 6 days total.
  • Surety issues: one surety’s photograph mismatched Aadhaar; the other could not provide basic details about Das.

Verbatim Quotes

  • “I deem fit that an opportunity be given to the respondents and submissions advanced on both sides,” — Ritu Raj

What’s Next

The SEM will reconsider the submitted sureties on October 21, 2026. If the decision remains unfavorable, the petitioners may pursue a revision remedy in a higher court, as suggested by Justice Prasad.