Court cites ‘habitualness’, ‘no respect for law’ in order extending CJP leaders' custody in Jantar Mantar trespassing case

A Special Executive Magistrate court said on Monday that Cockroach Janta Party (CJP) leaders Ashutosh Ranka and Saurav Das showed “no respect for law” as it extended their judicial custody by two days over the Jantar Mantar protest against the Special Intensive Revision (SIR) of electoral rolls.Citing the police investigation, the court order said the CJP leaders had “mobilized and enticed the general public” to gather and hold a protest at Jantar Mantar, which is no longer a designated protest site.

The court on Monday rejected their sureties over allegations that they breached security and entered the site during the protest.“The IO further states that both the respondents are members of CJP and they mobilized and enticed the general public to assemble and stage protest at Jantar Mantar, which has been de-notified as a designated protest site,” the court order said, referring to the findings by Investigating Officer (IO).

It further added that Ranka and Das, who are lodged in Tihar Jail, flouted their own undertaking of October 11, indicating ‘the apprehension to commit further offence’. The court, citing the police, said the arrested CJP leaders used social media to make repeated calls for protests at ‘non-designated sites such as Jantar Mantar and Connaught Place’.It also said the two CJP leaders were granted police permission to protest ‘on the basis of their assurance that they would strictly adhere to the terms of permission’.

However, they failed to adhere to the terms, it said.Flagging that the two had shown no ‘respect for law’, the order said, “At this stage, the grounds of apprehension as presented before me apparently suggests that the conduct of the respondents is not above board; rather it shows no respect for law and their habitualness in calling protest at de-notified areas.”It also said the the CJP leaders' statements that they will not repeat the ‘offence’ in future ‘does not inspire confidence’ as it cited the police investigation in the Jantar Mantar trespassing case.

“The application filed by IO is supported by substantial material on record, raising serious concerns regarding the likelihood of breach of peace and disturbance of public tranquility, which cannot be brushed aside without proper consideration,” it said.The Special Executive Magistrate Ritu Raj extended the judicial custody as he pointed out ‘imminent apprehension and past conduct’ of the two CJP leaders.

He also said the sureties submitted by the defense counsel were ‘unfit to stand as surety’, saying there was an ‘apparent mismatch’ of photographs in Bond and Aadhar card of surety.CJP responds to court orderThe CJP condemned the court proceeding in Ranka and Das' bail hearing and terming the ongoing preventive detention of party leaders ‘a complete mockery of legal process and state-sponsored overreach.’The CJP termed the bail hearing a ‘farce' designed to ‘crush democratic voices’."Our advocates spoke strictly on points of law, yet the authorities failed to present a single piece of evidence showing any threat to public peace," Ratna Singh, CJP's legal head, said.

She also denied the allegation that a protest call was given by the youth-led movement for Das and Ranka's release after their judicial custody.The CJP in a statement said that when fresh sureties were produced with all required documentation and identity verifications, a fresh application seeking further judicial custody alleging an imminent threat to public order was filed. There was no factual basis or statement on record to support their claim, the CJP alleged.