NEW DELHI: The Delhi High Court on Wednesday questioned why Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka had invoked its writ jurisdiction to challenge the extension of their judicial custody, observing that their remedy lay before the appropriate revisional forum.
The petitioners had challenged the October 19 order of the Special Executive Magistrate (SEM) extending their custody till October 21. During the hearing, the court asked their counsel, advocate Abhik Chimni, why they had approached the High Court when the order could be challenged through revision.
The bench observed that a revisional court could examine the facts of the matter, while writ proceedings primarily focused on the decision-making process. It also questioned whether authorities could impose stricter surety conditions following an alleged second breach of a peace bond.
The court referred to the pending challenge before the Supreme Court against the denotification of Jantar Mantar as a designated protest site, noting that the notification had not been stayed. It also expressed concern that breaching barricades could encourage others to violate prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
During the hearing, Chimni argued that the SEM lacked jurisdiction to extend the petitioners’ custody and that preventive proceedings were being used arbitrarily. He also questioned the rejection of their sureties, contending that additional sureties had been offered but were not properly considered.
The counsel further argued that the order did not establish material indicating an imminent threat to peace and tranquillity.
The High Court suggested that the petitioners await the outcome of proceedings before the SEM, which was scheduled to reconsider their sureties at 2 pm on Wednesday. The petitioners subsequently withdrew their plea.
The court clarified that it had not expressed any opinion on the merits of the case.
