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India
oi-Madhuri Adnal
CJP leaders Saurav Das and Ashutosh Ranka on Wednesday withdrew their plea before the Delhi High Court challenging the extension of their judicial custody by a Special Executive Magistrate (SEM).
The development came during a hearing before Justice Subramonium Prasad, with the court allowing the withdrawal of the petition.
The Delhi High Court will hear pleas from CJP leaders Saurav Das and Ashutosh Ranka challenging their extended judicial custody citing procedural violations under the BNSS, and from AISA president Neha Bora contesting an SEM notice for a peace bond.
During the proceedings, the leaders’ counsel, advocate Chimni, questioned the SEM’s handling of their sureties, arguing that two fresh sureties had been submitted but were not even called for verification.
The court discussed the difference between an appeal and a writ petition. Justice Prasad observed that an appellate court examines the facts and reaches its own conclusion, while a writ court reviews the decision making process rather than substituting its conclusion for that of the magistrate.
The court then asked Chimni to take instructions on whether the petitioners wished to file an appeal. He subsequently informed the court that he was withdrawing the petition.
Additional Solicitor General Sharma, appearing for the other side, raised concerns over what he described as the petitioners’ conduct regarding bail bonds and sureties. The hearing concluded after the High Court permitted the withdrawal.
Das and Ranka had approached the High Court on Tuesday, challenging the SEM’s decision to extend their judicial custody until October 21. They questioned the rejection of their sureties and argued that the authorities had failed to follow the procedure required under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The two leaders were detained on October 14 after allegedly attempting to wave the national flag at Jantar Mantar, which is no longer a notified protest site. They were subsequently sent to judicial custody, which was later extended.
Das and Ranka, along with CJP founder Abhijeet Dipke, had earlier been detained ahead of the group’s planned protest against Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls. They were later released after signing bonds restricting activities that could disturb public peace and tranquillity for a year.
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