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  • 17 hours ago
Nationalist Congress Party (Sharadchandra Pawar) national spokesperson Anish Gawande criticised the extension of judicial custody for Saurav Das and Ashutosh Ranka, calling the court decision "an unjust order" driven by petty politics. Speaking on the detention of the two youth associated with the CJP, Gawande questioned keeping them detained for waving the national flag after already spending five days in Tihar Jail. He stated that the young demonstrators would continue to resist peacefully following Mahatma Gandhi's path. Meanwhile, legal correspondent Anisha noted the inexplicable nature of extending preventive detention under Section 130 of the Bharatiya Nagarik Suraksha Sanhita without an FIR. Citing an Allahabad High Court judgment, she highlighted that magistrates cannot mechanically issue detention orders without evaluating facts or specific police justifications, as lawyers prepare to challenge the preventive detention in the Delhi High Court.

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00:00Across to my colleague, Anisha, who's joining us for the very latest.
00:04Anisha, you know, it's quite inexplicable on how both Ashutosh Ranka and Swarovdas find themselves for at least, at least,
00:12and one needs to underline that, for another two days in judicial custody.
00:17Well, yes, Preeti, this is a question that will have to be asked.
00:20Of course, we just heard from the CJP's own lawyers about what has been said in the court.
00:26We are still waiting for the copy of the written...
00:29Stay with me, Anisha, just stay with me. I'm coming right back to you.
00:31The reason I'm cutting you short is, joining me is Mr. Anish Gawande.
00:36Of course, he's from NCP Sharad Pawar, but he's been an active part in terms of protest of the CJP.
00:42Dear friends, with Abhiji Deepke and both Swarov as well as Ashutosh.
00:48Thank you, Mr. Gawande, for joining us.
00:50But, Anish, what do you make two more days that both Ashutosh and Swarov will now have to spend in
00:57judicial custody?
00:59I mean, I think it's absolutely unfortunate.
01:01The government is asking for more time at the last moment, at 7 p.m., before the Sehra,
01:08at a moment where these two young men have spent five days in Tihag for waving the tiranga.
01:19Anish, have you been able to speak to Abhiji? What would be the next course of action for the CJP
01:24from here on?
01:25Because this is at least for two days. It could very well be extended.
01:29I have not spoken to Abhiji yet. I honestly am waiting for an order from the court.
01:35I think I still have faith currently that the court will deliver justice.
01:39This is an unjust order. It's done with very petty politics in mind because tomorrow the courts are shut and
01:46they will be shut for a while.
01:48And so, I mean, the peckiness of the government is coming through.
01:51Frankly, Ashutosh and Swarov went in smiling. They will resist smilingly.
01:55How long do you want to keep people in jail? I mean, you look stupid because of it.
02:00What's the messaging, Anish, especially for the Cockroach Janata Party?
02:03Because now they're seemingly with two of your top, or not your, rather.
02:08All right, I seem to have. Anish, are you still with us?
02:12All right, Anish, you know, with two top leadership in terms of two of the top leadership of the CJP,
02:18now in Tihar jail, Abhiji back in Maharashtra.
02:21Do you think this is a huge setback for the CJP or there is a chilling effect?
02:28All right, we seem to have lost Anish. We're going to try and cut across to him.
02:31I want to bring back Anisha into this conversation.
02:34Anisha, what explains, you know, the fact of a two-day extension for both Saurav and Ashutosh,
02:41provided there is no FIR in it, provided it was, you know, preventive custody?
02:46Usually one gets bailed the same day. You've kept them for five days.
02:49Can you explain it for our viewers?
02:50Well, Preeti, this is something that as we've been listening to the CJP lawyers,
02:56we'll have to wait also for the detailed written order from the SEM.
03:00Because I've also been speaking to lawyers over the last few days.
03:03And as you said, it is inexplicable.
03:06It is, in fact, something that in the years that I've been covering courts,
03:10I've never actually heard of anybody going to be sent to judicial custody
03:15for breaking this kind of a bond under Section 130.
03:19Remember, Section 130 allows a magistrate to pass certain orders to bound down somebody
03:27so that they do not break the law again.
03:30That is what these procedures are supposed to be.
03:32But here what we are seeing is that these two persons,
03:35Saurav Das and Ashutosh Ranka, have been sent to judicial custody.
03:40Not just, and today the judicial custody has been extended.
03:43And as far as we can tell from what the lawyers for the CJP have told us,
03:47because the government expressed certain apprehension that they may again break the law.
03:53Now, I am citing here a judgment of the Allahabad High Court,
03:57where the court has said that the magistrate has to apply their mind carefully,
04:05that there has to be a proper,
04:09before any appropriate action can be taken under 130, 135 of the BNS.
04:15And you have to look into the facts of the matter.
04:18There cannot be mechanical extension of orders under 130.
04:22This is something that the Allahabad High Court said in 2024,
04:28soon after the BNS came in.
04:30The questions that need to be asked is,
04:32what is this apprehension?
04:34And more importantly, as the lawyers were arguing,
04:36these people are not under arrest in an FIR.
04:39They are under preventive detention,
04:43not under the NSA, but under the BNS,
04:46which is supposed to be for specific timing,
04:50specific purpose,
04:52that the police has to explain in writing.
04:54So right now,
04:55a really serious question needs to be asked about why this is being extended.
04:59And more importantly,
05:01will the courts now step in?
05:03Because as the lawyers have been saying,
05:05they want to go to the High Court.
05:06We'll have to wait and see how the Delhi High Court sees this entire sequence of events.
05:11Back to you.
05:11All right, Anisha, thank you for joining us.
05:13Cutting back for a quick comment to Anish Gawande,
05:16who continues to be with us.
05:17Anish, you know, is this a chilling effect?
05:20And if so,
05:21does the CJP find itself on the back foot,
05:23keeping in mind the top leadership,
05:25two of the top leadership behind bars,
05:27Abhijit back in Maharashtra?
05:31Honestly, I think this will not have a chilling effect.
05:34We thought that the police brutality on the 20th would have a chilling effect.
05:37Young people have realized that they're no longer scared of this government.
05:40And they will follow the path of Mahatma Gandhi,
05:43visit peace police.
05:44And the government wants to retaliate on that.
05:46It's a cowardly government whose moral path will be exposed in front of the whole nation.
05:54Appreciate it.
05:54Thank you there.
05:55We're going to keep a keen eye on all developments viewers.
05:58One would really, you know,
05:59think it legally,
06:00it sounds a tad bit absurd
06:02that both Ashutosh and Saurav find themselves with extended judicial custody,
06:08which could be extended again in the next two days.
06:11What is the attempt of it?
06:12Some would suggest that it is a chilling effect
06:15that the others don't quite follow.
06:17But legally,
06:19lots of people find it incoherent.
06:22We're going to keep a keen eye
06:23and keep caring our viewers the latest on these developments.

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