A Delhi Special Executive Magistrate has sent Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka to five days of judicial custody, citing alleged violations of peace bonds, repeated calls for demonstrations and apprehensions that their conduct could disturb public order.
The detailed order, passed by Special Executive Magistrate Mahesh Kumar Meena on Wednesday, states that the two leaders had previously undertaken to maintain peace and good behaviour for one year but allegedly violated those conditions soon after their release by mobilising supporters for protests at Jantar Mantar.
The magistrate also cited the failure to furnish acceptable sureties as a reason for remanding the two leaders to judicial custody. They have been lodged in Tihar Jail, with the matter scheduled for further enquiry on October 19.
The order provides an account of the police allegations, the earlier preventive proceedings against the CJP leaders and the circumstances surrounding their detention on October 13. It also records that the two were informed of their rights, heard during the proceedings and provided copies of the police complaint.
Magistrate cites previous conduct
According to the order, the magistrate examined a police report submitted by Sub-Inspector Mohit Bhati, along with other material placed before the court.
The police maintained that Das, 27, and Ranka, 30, had repeatedly disregarded lawful directions and continued encouraging people to assemble at Jantar Mantar despite restrictions on demonstrations there.
The magistrate recorded his satisfaction that sufficient grounds existed to initiate proceedings against the two leaders under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The order referred to their earlier conduct as well as their activities following the execution of peace bonds.
It stated that the material presented by police indicated a likelihood of further breaches of public peace and tranquillity.
The magistrate consequently directed that notices be issued to both leaders and ordered their judicial custody for five days.
What happened on October 13
The proceedings arose from an incident at Jantar Mantar on Tuesday morning, when a group of CJP activists allegedly entered the restricted protest area.
According to the police account reproduced in the order, intelligence inputs suggested that CJP workers led by Das and Ranka could attempt to organise a demonstration and disrupt law and order.
Police personnel were consequently deployed around Jantar Mantar.
At approximately 9 am, a group of protesters allegedly entered the site from the premises of the Janata Dal (United) office.
The order states that the protesters began raising slogans and were restrained by security personnel.
Police alleged that the CJP leaders had also used social media to encourage supporters to gather at the site.
The organisation has disputed the justification for the detentions, maintaining that its members were exercising their right to peaceful political expression.
Earlier detention at Delhi airport
The magistrate's order also describes the events of October 10, when CJP leaders had planned demonstrations against Chief Election Commissioner Gyanesh Kumar.
Police said they had received information that CJP members would arrive in Delhi to participate in protests at Jantar Mantar without obtaining the required permission.
A police team was therefore deployed at Terminal 3 of Indira Gandhi International Airport.
According to the order, Das and Ranka arrived at approximately 10.45 am along with CJP founder Abhijeet Dipke.
Police alleged that the leaders became uncooperative when asked to maintain public order and were subsequently detained for preventive action.
Proceedings were initiated on October 11 under Sections 126 and 170 of the BNSS because of apprehensions of a breach of peace.
The leaders subsequently furnished personal and surety bonds of Rs 50,000 each, undertaking to maintain peace and good behaviour for one year.
The order records the police position that the leaders had acknowledged their mistake during the earlier proceedings.
Fresh protest calls after release
A central element of the magistrate's reasoning was the allegation that the leaders resumed mobilisation for demonstrations immediately after executing their peace bonds.
Police claimed that Das and Ranka used social media platforms and press conferences to encourage supporters to gather at Jantar Mantar.
The investigating officer also submitted videos and social media material on a pen drive.
According to the order, the police relied on this material to support their allegation that the leaders continued defying restrictions and encouraging public participation in unauthorised demonstrations.
The magistrate referred to the existence of two FIRs, numbered 128/26 and 289/26, registered at Parliament Street and Connaught Place police stations, respectively.
The order treated the alleged conduct as sufficient grounds for further preventive proceedings.
These observations were made in the context of the magistrate's custody decision and do not constitute a final determination of criminal guilt.
Third CJP leader released
While Das and Ranka were remanded to Tihar Jail, another CJP leader, Ajinkya Shinde, was released after furnishing a personal bond and a surety of Rs 5,000.
Shinde was directed to maintain peace and good behaviour for six months.
The different outcomes followed the magistrate's assessment of the circumstances concerning the individuals produced before the court.
Police have maintained that the proceedings were necessary to prevent further disturbances and ensure compliance with restrictions on demonstrations.
The CJP, however, has accused the authorities of using preventive provisions to suppress dissent.
Dipke criticised the detention of his colleagues, arguing that displaying the national flag and raising slogans at Jantar Mantar should not result in imprisonment.
Jantar Mantar restrictions fuel controversy
The arrests have intensified the dispute over the decision to remove Jantar Mantar from the list of designated protest venues in Delhi.
On October 11, Delhi Police designated Ramlila Maidan, Burari Ground and CBD Ground as locations for demonstrations, effectively excluding Jantar Mantar.
The CJP and other protest groups have opposed the move, arguing that relocating demonstrations away from central Delhi reduces their visibility and restricts opportunities for citizens to express dissent.
Police have maintained that gatherings must comply with applicable permissions and public order restrictions.
The detention of Das and Ranka has also drawn criticism from Opposition leaders, including Rahul Gandhi and Arvind Kejriwal.
Gandhi argued that peaceful demonstrations involving the national flag should not attract imprisonment, while Kejriwal questioned the action against the two leaders.
The controversy has consequently expanded beyond the individual custody proceedings to include questions about the use of preventive powers and restrictions on public assembly.
Next hearing on October 19
The magistrate has directed that the matter be taken up for further enquiry on October 19.
The proceedings will examine the allegations concerning the alleged breach of peace bonds and the circumstances surrounding the fresh detention.
For now, the order makes clear that the custody decision was based on the magistrate's assessment of the police material, the alleged repetition of prohibited conduct and the absence of acceptable sureties at that stage.
The legal proceedings remain pending, while the CJP continues to challenge the restrictions imposed on demonstrations at Jantar Mantar.