The Delhi High Court has commenced hearing today on the petitions filed by Cockroach Janata Party leaders Sourav Das and Ashutosh Ranka, challenging the orders passed by the Special Executive Magistrate court. Both leaders of the Cockroach Janata Party are currently lodged in Tihar Jail, and their respective legal matters were previously proceeding in the Special Executive Magistrate court. The Delhi High Court agreed to take up an urgent hearing today on the petition filed by CJP leaders Sourav Das and Ashutosh Ranka, setting the stage for significant legal scrutiny. Both leaders have formally challenged the order issued by the Special Executive Magistrate for extending their judicial custody. The petitioners have sought urgent relief from the High Court by challenging this order, and the bench is currently proceeding with the hearing today.
Justice Subramonium Prasad Bench Handling Two Matters
The bench of Delhi High Court Judge Subramonium Prasad is currently hearing two distinct matters today. The first matter pertains to the petition filed by Sourav Das and Ashutosh Ranka challenging their ongoing judicial custody. The second matter involves the petition filed by Neha Bora, which challenges the Special Executive Magistrate court order directing her to furnish a bond and surety amounting to 10000 rupees to maintain peace. The court is carefully listening to the arguments presented by all respective parties in both cases.
Approach to the High Court on Tuesday
Cockroach Janata Party CJP leaders Sourav Das and Ashutosh Ranka had approached the Delhi High Court on Tuesday, requesting an urgent hearing against the extension of their judicial custody period. Das and Ranka had specifically requested the High Court for an urgent hearing during nighttime hours. Since Tuesday was an official court holiday on account of Dussehra, the urgent hearing couldn't take place immediately. Consequently, the Delhi High Court has taken up this petition for detailed hearing today.
Order Issued for Extension of Judicial Custody
The newly appointed Special Executive Magistrate at the Mandir Marg police station had ordered a two-day extension of their judicial custody on Monday after both leaders were presented before the authority, while prior to this, both leaders were initially sent to five days of judicial custody on October 13 after allegedly violating restrictions imposed for holding a protest at Jantar Mantar. These initial and subsequent procedural actions form the basis of the current legal challenge.
Serious Allegations of Intentional Delay in Bail Proceedings
The Cockroach Janata Party has leveled serious allegations that bail proceedings in this case are being intentionally delayed to prevent the release of Sourav Das and Ashutosh Ranka, while in their formal petition, Das and Ranka have strongly challenged the order passed by the special magistrate dispatching them to an additional two days of judicial custody. They argued through their legal counsel that this order constitutes a blatant violation of due legal process. Plus, they contended that it directly infringes upon their right to freedom, which is guaranteed as a fundamental right under Article 21 of the Constitution of India.
Ranka and Das in Custody for the Past 6 Days
The petition describes the special order as entirely illegal and arbitrary, requesting the High Court to set it aside immediately. It highlighted that despite producing the necessary sureties on multiple occasions before the authorities, Das and Ranka have been kept in continuous custody for the past 6 days. Records indicate that Das and Ranka were initially remanded to five days of judicial custody by the Special Executive Magistrate on October 14. The court is presently evaluating all factual and legal dimensions to ascertain the adherence to legal protocols regarding custody and bail procedures.