Saurav Das, Ashutosh Ranka seek release: Live updates from Delhi High Court

Das and Rank have been in judicial custody since October 14.
Saurav Das and Ashutosh Ranka
Saurav Das and Ashutosh Ranka

Court: Are you only fighting for an observation?

Chimni: My prayer is two folds, that the rejection of surety is bad in law and...

Court: When the issue is breach of peace, it is important to (know) who are you and what do you do?

Court: It [July protest] was student protest. Children were there but now its another cause. People remain the same, cause is changing. Correct? The next question will be who are you. What are you? What is your association? What is the purpose of your association? Please understand when there is apprehension of peace and tranquility, all these questions will assume important. When you came during first protest in July, the organisation continues but the cause changes. So the question is when there are people whose cause keeps changing...

Chimni: Look at the findings on surety under this.

Court: If you are insisting, then please come to arguments heard and go down. By the way, what are your ages?

Chimni: Saurav is 27 and Ashutosh is 32.

Court: Then you are not GenZ. What is GenZ?

Court is informed that people born after 1997 are GenZ.

Court: Then you are not GenZ.

Chimni: Why I am not following the alternate rememdy is becuase of the following reasons.

Court: What if you are released today? This is not the final hearing today. I will have to ask the State to file a response. If today at 4'clock it [SEM proceedigs] goes in your favour then its over, if it doesn't then you have your remedy.

Chimni: My argument is that this is not sustainable at all.

Court: Now start. The point is we must debate when it is necessary. There is no need to debate for people's ears. If you debate then consequences will follow, consequences which will be irreversible for you.

Court: Once you have broken peace for the second time, are the authorities not entitled to insist upon everything? At this stage in 226, should I go into all these things or let the events run its course. Would not prudence be better for you to take a step back?

Chimni: I will answer.

Court: Please understand. Instead of arguing now, why not keep your powder dry for revision court and then this Court. Suppose things happen in your favour at 4'clock then all gone. If they don't happen in your favour then you can go to revisional court and then this court. That is why I am saying take a step back and come back in two minutes.

Court: When the matter is coming up today, why run here. Also, if it is a revisable order would it not be appropriate for you to withdraw this, see what happens at 2 PM [before SEM court] and then see what is available to you in law.

Court: Your second incident. You are a person who has actually broken a bond... Your remedy actually lies in revision. There is a difference between maintainability and entertainability. Maintainable it is. I do not see the difference between 2 kilometers there and 2 kilometers there (the jurisdictional court). If it is a revisable order why come in 226?

Court refers to the order.

Court: Is it a revisable order?

Chimni: My challenge is, there is no dispute that on October 14, they said there is apprehension and custody is needed. 135(3) in itself gives you to put someone in interim custody. The nature and manner in which custody is ought to be done is subject...

Court: Arson etc. 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.

Court: You gave a bond and when you go again by which time Jantar Mantar is denotified, the challenge to denotification is pending before SC. The notification is yet not stayed, you go there and you take a step again. Can the ground of arrest... When all these questions are there. Right or wrong, you have gone there. Just to voice one more thing in mind. The two petitioners here are at the forefront. When you go and break a barricade, the chances of 10 or 20 more people in violation of 163 is very high. There may be persons who might not be in your and who may do things. We are seeing what is happening outside our country.

Court: Here is a case where one preventive notice has been broken and when you give for second preventive notice, how much will... A person goes there gives a bond, breaks the bond, correct or not we will see later... Breaks the bond in which case... I saw your ground... In such a case, insistence on a surety, can it be said to be that illegal or that much against the law? We will hear you on that.

Court: Come to the impugned order. In the little time I got, which is last 20 minutes, correct me if I'm wrong. On 10th was the protest, on 11th you give bail bonds, Jantar Mantar is denotified, you go and you are arrested. On 11/10/2026 bail bond was accepted. When a bail bond is broken, there is a procedure under BNSS for action to be taken, 491, 492?

Chimni reads the prayers.

Court: Come to the prayers.

Hearing starts

The Delhi High Court will today hear a petition filed by the Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka to challenge against a special executive magistrate (SEM)'s order sending them to judicial custody.

Das and Ranka have been in judicial custody since October 14. They were detained by Delhi Police after they scaled a gate to reach Jantar Mantar to wave the national flag as part of their protest against Chief Election Commissioner (CEC) Gyanesh Kumar.

On October 14, the duo was sent to judicial custody for five days. On October 19, the custody was extended for two more days.

In its October 19 order, the SEM said that Das and Ranka's conduct showed that they have no respect for the law and that there are serious concerns about them breaching peace and tranquillity. The SEM also rejected the sureties produced for Das and Ranka after finding them unfit.

On Wednesday, the Delhi High Court agreed to hear the petition moved by Das and Ranka to challenge their detention.

Live updates from today's hearing feature here.

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