Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka were released from Delhi’s Tihar Jail on Wednesday, October 21, after spending seven days in judicial custody over their alleged entry into the de-notified Jantar Mantar protest site. A Special Executive Magistrate (SEM) court ordered their release after accepting their written undertakings, personal bonds and surety bonds of ₹50,000 each. The two leaders promised not to breach peace and said they would not call for a protest at Jantar Mantar for as long as the site remains de-notified in accordance with law.
Delhi Police had sought another three days of judicial custody, citing concerns over a possible breach of peace and law and order. The SEM, however, directed their release after taking their undertakings on record. The inquiry will continue, with the next hearing scheduled for October 23.
Release After Seven Days
Das and Ranka were taken into custody on October 13 after allegedly climbing over a locked gate to enter Jantar Mantar, which had been de-notified as a designated protest site. They were subsequently sent to five days of judicial custody on October 14. On October 19, the SEM extended their custody by another two days, with the period set to expire on October 21.
When they were produced before the SEM on Wednesday, police sought a further three-day extension. The court considered the police’s concerns alongside the undertakings submitted by the two leaders before directing their release.
Peace Undertaking Given
As a condition of their release, Das and Ranka gave written undertakings that they would not commit any breach of peace and would maintain public tranquillity. They specifically promised not to make calls for protests at Jantar Mantar while the site remains de-notified in accordance with law.
They also said that any protest they undertake would remain within the constitutional framework and expressed “full faith in the judiciary and all its instruments, including the learned SEM”. The court directed them to furnish personal and surety bonds of ₹50,000 each and appear on every date of hearing.
Why Police Sought Custody
Delhi Police opposed their immediate release and sought an additional three days of judicial custody, arguing that concerns over a possible breach of peace and disturbance of law and order persisted. The police cited the leaders’ statements and subsequent conduct, while also referring to a media statement made by another member of their group while the two were being taken to Tihar. Their counsel responded with an unconditional verbal apology and assured the court that such conduct would not be repeated. The SEM ultimately accepted the undertakings and bonds and ordered their release.
High Court Petition Withdrawn
Before the SEM ordered their release, Das and Ranka had approached the Delhi High Court challenging the October 19 extension of their judicial custody. During the hearing, Justice Subramonium Prasad indicated that the SEM was already seized of the matter and that an alternative legal remedy was available.
The leaders subsequently withdrew their petition. The High Court also questioned their decision to enter the barricaded Jantar Mantar site, with Justice Prasad observing that breaking a barricade could encourage others to follow and make crowd management more difficult.
Court Questions Barricade Breach
During the High Court proceedings, Justice Prasad stressed that barricades serve a purpose and questioned why the protesters had crossed them. The judge observed, “Now, when you go there and you break a barricade… the chances of 10 or 20 more people in violation of Section 163 BNSS, are very bright.” The court also noted that police permission for protests is intended, among other things, to prevent situations in which additional people join a gathering and potentially disrupt public order. The observations came while the court considered the legal challenge to the SEM’s custody order.
Jantar Mantar De-notified
The dispute is linked to the recent change in Jantar Mantar’s status as a designated protest venue. Delhi Police said it de-notified the site after the Supreme Court’s October 9 proceedings, in which the court observed that suitable alternative sites capable of facilitating peaceful and lawful protests should be identified and designated.
Delhi Police subsequently identified Burari Ground, Ramlila Ground and CBD Ground as alternative designated protest sites. The de-notification remains under judicial scrutiny, and the Supreme Court has not stayed the decision.
Protests Over Election Commission
Das and Ranka’s detention was connected to CJP-led demonstrations against Chief Election Commissioner Gyanesh Kumar and concerns raised by the group over electoral-roll revisions and the Special Intensive Revision (SIR) exercise. Their October 13 action came amid a broader series of protests in Delhi. The authorities have maintained that restrictions and preventive measures were necessary to preserve public order, while protesters have argued for space to exercise their right to peaceful dissent.
The immediate legal dispute, however, centres on the alleged breach of peace bonds and the leaders’ entry into a site that had already been de-notified as a protest venue.
Inquiry To Continue
The release does not end the proceedings against the two leaders. The SEM’s inquiry will continue, and Das and Ranka have been directed to appear before the court on each date of hearing and comply with the conditions of their bonds and undertakings. The next hearing is scheduled for October 23, when the two are expected to appear with their sureties and police are expected to submit a verification report.
The Logical Indian’s Perspective
The release of Saurav Das and Ashutosh Ranka under clearly defined conditions highlights the need to balance two important democratic principles: the right to peaceful dissent and the responsibility to protect public safety. Protesters must respect lawful restrictions and avoid actions that can escalate tensions or put others at risk, while authorities must ensure that restrictions on demonstrations remain proportionate, transparent and subject to judicial review.
A democracy is strengthened when disagreement can be expressed without intimidation, confrontation or violence, and when institutions respond to dissent through dialogue rather than unnecessary escalation. How can India create more space for peaceful protest while ensuring that public demonstrations remain safe, lawful and respectful of everyone?
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