‘Supreme Court Laws Completely Disregarded’: CJP Lawyer Challenges Order Sending Saurav Das, Ashutosh Ranka to Custody

Advocate Abhisht Hela, representing Cockroach Janata Party (CJP) leaders Saurav Das, Ashutosh Ranka and Ajinkya Shinde in the Jantar Mantar trespassing case, has accused the authorities of disregarding Supreme Court-prescribed legal safeguards after Das and Ranka were remanded to five days of judicial custody.

Questioning the basis of the order, Hela alleged that the decision was taken without proper judicial application of mind and on the presumption that the protesters could commit an offence. Shinde, the third CJP leader detained in the case, was released on a personal bond on Wednesday.

Speaking about the proceedings, Hela said the two leaders had been sent to judicial custody for five days but added that he did not know where they would be lodged.

“ They are senior police officers, not judicial magistrates. One very important point is that the order passed today was issued without the application of judicial mind. The laws laid down by the Supreme Court have been completely disregarded,” the lawyer said, referring to the role of Special Executive Magistrates (SEMs).

He further alleged that the authorities had acted on assumptions rather than established grounds.

“The court said that it believes they could do something, and on that basis, they have been sent to jail for five days,” Hela said.

The lawyer also cited the circumstances of the protest, claiming that the leaders had been sent to custody for raising the slogan “Bharat Mata Ki Jai” and waving the national flag. He described the development as deeply distressing.

Das and Ranka were produced before a magistrate at Mandir Marg in New Delhi on Wednesday after being detained on Tuesday for allegedly crossing police barricades and entering Jantar Mantar, which has been de-notified as a designated protest site.

The three CJP leaders were protesting against the Election Commission of India over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls. They were also seen raising slogans against Chief Election Commissioner Gyanesh Kumar while attempting to cross the barricades.

They face allegations including trespassing, violation of bond conditions and obstruction of public officials in the discharge of their duties.

The latest proceedings follow a case linked to the CJP’s October 10 protest, in which party founder Abhijeet Dipke, Das and Ranka were released after furnishing a bond of Rs 50,000. Their release was subject to a condition that they would not be involved in any breach-of-peace cases for one year. Authorities are treating Das and Ranka as repeat offenders in the current case, citing alleged violations of their earlier bond conditions.

Delhi Police announced on October 12 that Jantar Mantar had been removed from the list of designated protest venues under Standing Order No. L&O/48/2026, following recommendations from a committee of the Union Home Ministry.

Ramlila Ground, Burari Ground and CBD Ground in East Delhi have been designated as alternative locations for protests.

The allegations about the legal validity of the custody order were made by the defence lawyer; the supplied account does not include a response from the authorities to his criticism.