Surety hurdles, questions over video, then release: The SEM proceedings for CJP leaders

After hours of proceedings, repeated scrutiny of sureties and a police request for further custody, Cockroach Janata Party members Saurav Das and Ashutosh Ranka stepped out of Tihar jail on Monday night, after a release order by the Special Executive Magistrate (SEM) court at Mandir Marg police station.

The duo had been in custody since October 13 after they allegedly jumped over a barricade and waved the Tricolour in the Jantar Mantar area. Two FIRs were subsequently filed, at least one of which has been transferred to the Delhi Police Crime Branch. They had been in custody for allegedly violating their peace bond – custody that was extended by two days on October 19.

Newslaundry spent the day tracking the proceedings in the SEM court and the Delhi High Court, where they withdrew their plea challenging the judicial custody after being told they had an alternative remedy available.

Heavy security, restricted access

They had entered the police station at around 3 pm, greeting cameras with “Inquilab Zindabad”.

The atmosphere outside the police station remained tense, with heavy police deployment and barricades in place. The security arrangements mirrored those when CJP founder Abhijeet Dipke was produced before the SEM court on October 17. Personnel stationed outside were cautious about who they allowed onto the premises, only the duo’s legal team was permitted to enter the courtroom.

Advocate Abhisht Hela told Newslaundry that the police had barricaded the entire area. “The police presence was heavy and one could see the way had barricaded the entire area, it seemed like a cantonment,” he said.

The proceedings lasted nearly three hours.

What did the SEM order say?

On October 19, the SEM had extended Das and Ranka’s custody, citing concerns over a possible breach of peace. Delhi Police alleged that the two had violated undertakings by calling for protests at Jantar Mantar, which had been de-notified as a designated protest venue. The defence argued that they had not called for protests after October 10. The court also found their existing sureties unfit and directed them to furnish fresh ones.

At the subsequent hearing, the SEM ordered their release after accepting written undertakings and personal and surety bonds of Rs 50,000 each.

Speaking to Newslaundry, Delhi High Court advocate Angad Gautam, said the two had furnished sureties from the first day but repeated issues with verification had kept them in custody. “Today, they were released after we furnished sureties, but verification is still pending,” he said, describing the detention as punitive and arguing that the verification could have been completed on the first day itself.

While police sought three more days of custody, the court held that the preventive measures under Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita could be secured through the bonds and undertakings. Das and Ranka undertook to maintain public peace and not call for protests at Jantar Mantar until it was de-notified in accordance with law.

‘Not even an inch’: CJP says arrests won’t dent morale

Aafreen, CJP’s national secretary, told Newslaundry that the extension of Saurav Das and Ashutosh Ranka’s judicial custody on October 19 had been “a heartbreaking moment” for the outfit and for democracy.

“It was not a good time for us at all. First, three of them were detained from inside an airplane on October 10, then Ranka and Das were detained, and then Dipke was picked up again. We broke down when their judicial custody was increased by two days on October 19,” she said.

Aafreen questioned the decision to de-notify Jantar Mantar as a designated protest site, arguing that relocating protests away from central Delhi could make demonstrations inaccessible to people across different social classes. “People protest because they are going through something, because they want their voices to be heard. And when you have something like Jantar Mantar in central Delhi, you cannot deny what that means,” she said.

Despite the arrests, she said the CJP’s morale had not weakened. Aafreen said the detention had prompted people across India to speak up in support of Das and Ranka, whose time in custody had resonated with them emotionally.

“I don’t think all of this can lead to any of us thinking that we should back off. Not even an inch of our morale has been demotivated or deteriorated,” she said, adding that the arrests should motivate the party to continue its work.

“Every nook and corner should have an Abhijeet, Saurav and Ashutosh. That should be our motivation, with or without them,” she said.

Lawyers question police objections to media statements

The proceedings also saw questions raised over a video of Das and Ranka speaking to the press from a police van while being escorted out of the police station on October 19.

Manu Abhishek Bhardwaj, a lawyer assisting advocate Abhik Chimni in the proceedings, said the prosecution had raised concerns over the video, in which the duo referred to the situation as a “police court” and an “emergency”, arguing that their conduct was inappropriate. He said the court appeared to be considering the objection.

Advocate Abhisht Hela told Newslaundry that the police had sought three days of remand on the basis of social media posts and media statements, but the court did not find merit in the request..

A lawyer present during the SEM proceedings, who wished to remain anonymous, said the length and public attention surrounding the hearing highlighted how little ordinary citizens knew about their rights. The lawyer described the proceedings as unusual, particularly given the implications for the right to life and liberty.

Hela said SEM hearings usually did not last so long. This hearing, which began in the afternoon, continued into the evening, with the order reserved for nearly half an hour before the two were released. Hela also commented on the police behaviour inside the SEM, alleging that police personnel were using cameras and phones to document the proceedings.

Delhi High Court hearing and the ‘Gen Z’ exchange

Das and Ranka had approached the Delhi High Court on Tuesday night, challenging the SEM’s order extending their judicial custody in the alleged peace-bond violation case. 

The court questioned their alleged attempt to enter Jantar Mantar after it had been de-notified as a protest venue. Referring to barricades and incidents of unrest abroad, the court observed that “barricades have a purpose”.

The court told their lawyer, Abhik Chimni: “Barricades are there for a purpose and when you break the barricade, there is a chance of 10-20 people coming.” 

“You may have started with something you say is peaceful. For that purpose you take police permission which is to prevent unwanted persons who join your group and spoil your name,” noted the court. 

The court also questioned the circumstances surrounding the protest, asking Chimni why the duo had allegedly broken a barricade without permission and whether the SEM’s order was reversible. 

Hela told Newslaundry that during the hearing, the court asked how old Das and Ranka were. “We told them Saurav was 27 and Ashutosh 32.” As per CJP lawyers, the court questioned it and noted that they were not “Gen Z”. 

The court reportedly said, “Then you are not GenZ. What is GenZ? The court is informed that people born after 1997 are GenZ. Then you are not GenZ.”

Das and Ranka were detained on October 13 after allegedly jumping over a barricade and waving the National Flag in the Jantar Mantar area, a de-notified protest site. In a video uploaded after their detention, they said: “Jantar Mantar has been breached.”

Delhi Police Crime Branch has summoned the duo to its Rajouri Garden office today.

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