Delhi High Court questions CJP leaders over Jantar Mantar barricade breach

UPDATE - follow-up to CJP's Saurav Das, Ashutosh Ranka withdraw Delhi High Court plea against extension of judicial custody: The Delhi High Court questioned Cockroach Janta Party co-convenors Saurav Das and Ashutosh Ranka on Wednesday regarding allegations that they broke a barricade to enter Jantar Mantar. Justice Subramonium Prasad made these remarks while hearing a petition filed by the two leaders against an October 19 order by a Special Executive Magistrate that extended their judicial custody by two days.

Court Observations

The court pointed out that authorities can demand stricter proof when someone is accused of breaking the peace for a second time, noting that the petitioners had previously given a bond and then broken it. Justice Prasad remarked that entering the area after its denotification as a protest site risked drawing others into violating Section 163 of the Bharatiya Nagarik Suraksha Sanhita, which allows authorities to issue orders to stop potential trouble. The judge also noted that police permission helps keep unwanted elements out of protests to prevent gatherings from turning into looting or arson, while asking why the petitioners bypassed lower appellate or revisional forums to approach the High Court directly. During the proceedings, the judge asked about the ages of the 27- and 31-year-old leaders and questioned their classification as Generation Z.

Petition Withdrawal

The CJP leaders eventually withdrew their plea after the court advised them to wait for the outcome of the hearing scheduled before the Special Executive Magistrate later that day and to approach the correct appellate court if needed. The judge made it clear that no observations were made on the actual merits of the case while allowing the withdrawal.

Context

Saurav Das and Ashutosh Ranka were originally taken into custody on October 13 after climbing a locked gate to enter Jantar Mantar. The Supreme Court is currently handling a separate challenge regarding the removal of Jantar Mantar as an official protest site.