- 16 hours ago
A Special Executive Magistrate court in Delhi has extended the judicial custody of Cockroach Janta Party activists Ashutosh Ranka and Saurav Das by two days. The two leaders were originally detained by Delhi Police on 13 October for allegedly breaching a peace bond after entering Jantar Mantar and unfurling the national tricolour. While Delhi Police sought a five-day extension citing concerns over public order during the festival season, the magistrate granted custody till 21 October. The previous magistrate had recused himself from the proceedings after reporting death threats. Legal representatives for the activists questioned the extension, arguing that the duo was placed under preventive detention without an FIR and pointing out that sureties were repeatedly rejected on arbitrary grounds. The defence team confirmed plans to challenge the order before a higher court, terming the detention an attempt to suppress peaceful dissent.
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NewsTranscript
00:00The latest news break coming in, judicial custody of Ashutosh Ranka and Saurav Das have now been extended by two
00:05days.
00:06They were to be released yesterday after a five-day arrest and the latest that is coming in is the
00:12order that was reserved on their bail plea.
00:14The latest is that Ashutosh Ranka and Saurav Das will have to spend two more nights.
00:21The police had asked for five days extension of judicial custody,
00:25but the latest is that Saurav Das and Ashutosh Ranka, who were held on the 13th of October by Delhi
00:31police,
00:32both were held for breaching peace bond.
00:35Ranka and Das had entered Jantar Mantar and they were arrested when they unfurled the tricolor.
00:41They were to be released yesterday.
00:43The magistrate then had recused himself and the latest hearing now coming out in terms of the order
00:50seems to suggest that both have now, their judicial custody has been extended by two days.
00:58Anshul Singh, my colleague who's been tracking the case, joining me live for more.
01:02Anshul, over to you. What more can you add?
01:12Well, yes, the Delhi police had sought a custody of five days of both Ashutosh Ranka and Saurav Das.
01:18In fact, they had cited their previous misconduct as the reason for the extension of the judicial custody
01:23as the festival season is around the corner and hence the Delhi police deemed it fit
01:28that they should stay behind the bars for the next five days as well.
01:31However, the SEM court has gone ahead and taken a decision that a two-day judicial custody is enough
01:37so that the festive, specifically Deshara, is done away with
01:41and then the next state of hearing has been kept on 21st of October
01:45where a decision would be taken if at all they could be allowed to go out
01:48or the judicial custody could be extended.
01:51Remember, the police has the legal option of keeping them under judicial custody
01:56for a maximum period of 14 days, out of which seven days would come to an end on the 21st
02:03of October.
02:04However, the lawyers who were representing from the side of the Kauksha Chanta party,
02:08they made it absolutely clear that the manner in which the Delhi police is going ahead
02:12and raising such objections, this has absolutely no ground.
02:16On similar charges, Abhijit Deepkev was allowed to let go
02:19whereas on similar charges, Ashutosh Ranka and Saurabh Das have been kept inside the jail
02:24for the last five days and now the judicial custody has been extended for the next two days as well.
02:30The detailed order copy is still to come out
02:32but yes, what we can confirm to our viewers
02:35is that two-day judicial custody has been extended for both Saurabh Das and Ashutosh Ranka at this point.
02:41All of this, Anshul, when a new appointed special executive magistrate was put in place
02:48because the magistrate yesterday recused himself suggesting that he was under pressure.
02:57Well, yes, that was one of the reasons that was given.
03:01Remember, there were many discrepancies in the legal documents
03:04that were being submitted from the side of the lawyers of Kauksha Chanta party to the Delhi police.
03:08Initially, the problem came about surety and the person who was becoming the assurer.
03:13There were difficulties in the paperwork or the background check that was done for the said person
03:18and hence this entire procedure of going ahead and granting bail took a lot of hours.
03:23Now, yesterday, when finally the hearing was actually looked into,
03:30then SEM came and informed the lawyers of the Kauksha Chanta party that he has received death threats
03:36and now it is in conflict of his interest to actually go ahead and preside over this hearing
03:40and that is the reason why the hearing did not happen yesterday.
03:44Today, the five-day judicial custody was supposed to come to an end
03:47and if at all, the Delhi police would not have objected,
03:50then they would have been released from the Tihar jail.
03:53In fact, from out here at the Mandiramag police station itself.
03:56But the Delhi police went ahead and objected to the release of both Saurabh Das and Ashutosh Ranka
04:02and eventually went ahead and gave this argument from the lawyers of both Ashutosh Ranka and Saurabh Das.
04:18Well, the lawyers of both Ashutosh Ranka and Saurabh Das claim that the manner in which the Delhi police or
04:25the SEM court
04:25has been treating them is something that they have not seen before.
04:31But what sources of Delhi police and from the SEM court are telling us that there were several discrepancies
04:38in the legal documents or the legal formalities that were supposed to be done
04:41from the side of the Kauksha Chanta party, initially starting from the assurer to the amount of surety
04:46that was supposed to be given.
04:47All these legal formalities were not done in the right manner and that is the reason why they were not
04:51granted bail.
04:52Remember, in such cases a bail is a norm.
04:57In less than 24 hours, any common man can get a bail if at all the legal documents are in
05:02order.
05:02But in this case, what has been alleged against the leaders of the Kauksha Chanta party
05:07or for that matter against the legal team of the Kauksha Chanta party
05:09that they did not submit the requisite legal documents in the right order.
05:12But the legal team on its own account has made it very clear that every document that was needed was
05:17submitted.
05:18This is what at least the legal team and the Kauksha Chanta party says
05:23that this is an attempt to intimidate and send a chilling effect of such
05:27by holding both Saurav Das and Ashutosh Ranka now for two extra days.
05:32They have already spent six days in custody in Tihar jail.
05:36Anshul, thank you for joining us.
05:39All right, let's quickly listen in.
05:41The Kauksha Chanta party's lawyer speaking to India today.
05:45Listen in.
05:46The Kauksha Chanta party's lawyer speaking to India and we brought them to court.
05:49When we called our item at that point of time,
05:54the state came up with a new application which was served to us at that point.
05:59In this application, they have stated that they want further judicial custody for five to seven days.
06:05They have asked for further judicial custody.
06:07The reason they gave us is that there is an imminent threat to public order, there is an imminent threat
06:19to public tranquility and they have stated that because of that I need to stay further in judicial custody.
06:27When we saw the application and this is something we have argued, it is very, very disturbing to us that
06:33in that entire application, not one statement, and we informed the SEM of this, not one statement has been brought
06:41on record to show that there is any apprehension.
06:44The application only.
06:46The application only.
06:46The application only talks about all previous calls for protests which were completely legitimate.
06:50What disturbed us even more in the finding of the court is that they do not explain.
06:56An order, we will share the order.
06:57The order refuses to explain what the apprehension is.
07:02In fact, the order states that the state has some apprehension and therefore they should be in custody.
07:08And then in another paragraph states that I have never seen this in my entire career and I don't think
07:13most lawyers would have.
07:14After seven days of custody, they said today they rejected, they rejected a surety saying that the pictures are not
07:20matching because the person had shorter hair.
07:23There is absolutely shocking to me that this is the fourth set of surety.
07:28And assuming that earlier they had a problem with the surety because there was antecedent of the person or the
07:33person belonged to a party.
07:35Today, the surety that were produced, all those sureties and all the details, all the identifications.
07:41In fact, the SEM called in each surety and sat with them for 15 minutes, 15 minutes each surety.
07:47And after that has passed an order that the sureties cannot be accepted on the ground of a photograph not
07:54matching.
07:55And on the ground further that they have no control over sorrow.
07:59It is very disturbing to us.
08:01We have got that order.
08:07We are thinking about it.
08:11We are thinking about what our remedy should be.
08:13But definitely this order will be challenged.
08:14But it is very very unfortunate.
08:17And everybody has to remember there is no FIR against my clients right now on this issue.
08:21This is a issue of preventive custody.
08:23This is a case where they have kept them.
08:28They will go and protest.
08:31There is no FIR.
08:32You have no question in custody.
08:34You have no question in custody.
08:34There is no case.
08:36You have kept them in custody.
08:39For the sixth day in a row saying that sorry the pictures are not matching, sorry we have to go
08:43and meet somebody to verify.
08:44This is absolutely appalling and I think this is disturbing.
08:48I don't remember the last time where people have been accused of custody in this matter.
08:53We will take it up legally but this is something which is hugely disappointing to all of us.
08:58Ratna, Ratna we would request you to please agree.
09:00Please come on the same spot.
09:01One step.
09:02Come on.
09:03Come on.
09:04Come on.
09:05Come on.
09:06Come on.
09:07Come on.
09:07Come on.
09:08Come on.
09:09Come on.
09:10Come on.
09:11Come on.
09:12Come on.
09:20foreign
09:29foreign
09:30foreign
09:30foreign
09:33We need inquiries that we need to be working on this issue.
09:40We need to be working on this issue.
09:43Today, there was nothing like this.
09:45Our hearing and arguments are still happening.
09:49Our advocates are talking about law.
10:00foreign
10:02foreign
10:03foreign
10:04foreign
10:04foreign
10:04Provocative Statement
10:05The SEM
10:07The SEM had to wait for 3 hours
10:11They were on the phone
10:12I saw that there was a SEM
10:15The SEM is on the whole time in the courtroom
10:16And the SEM is on the phone
10:18And the SEM is on the phone
10:19And the SEM is on the phone
10:20So this is what happened
10:22The SEM court should be abolished
10:26Because this is a compromise
10:28They are compromised
10:29They have rejected sureties
10:32The law is telling the advocates
10:33That if you have a surety
10:35If you have a verification
10:36That it cannot be a basis
10:37That you have to keep someone in judicial custody
10:40Here there is no apprehension
10:42There is no threat
10:43There has been no call from our end
10:46And still they were sent to 2 days
10:49Judicial custody
10:50They don't have to do anything for liberty
10:52They don't have to do anything for pass record
10:55They don't have to do anything for excuse
10:56And that excuse they have given us today
10:59They have seen us
10:59I just feel that this entire system
11:03Which is there
11:03To crush us
11:05I don't think this is going to crush us
11:07All the youth
11:08The youth of this country
11:10Is watching
11:10They are seeing how
11:12They are using the power
11:14They are misusing the law
11:16To curb the voices
11:18To curb these youngsters
11:19To curb these people
11:21To come together
11:22And raise their voice
11:23I think they are not understanding
11:25That all of this
11:26Is making them stronger
11:27All of them
11:28Is making
11:29All of these things
11:30Is making them more powerful
11:32And they will all revert to it
11:34And then the government
11:35Will have to answer
11:36Ratnam
11:36Will you be challenging
11:37The power before a higher
11:38Absolutely
11:39Absolutely
11:39This is misuse of law
11:41This is wastage of time
11:43This is wastage of all our energy
11:46These lawyers have been here
11:47Since past 5 days
11:48And nothing has been done
11:50Which can show
11:51That these people
11:52Need to go to judicial custody
11:54Thank you so much
11:59Across to my colleague Anisha
12:01Who is joining us
12:02For the very latest
12:03Anisha
12:03You know
12:04It is quite inexplicable
12:05On how both
12:07Ashutosh Ranka
12:07And Swarovdas
12:08Find themselves
12:09For at least
12:10At least
12:11And one needs to underline that
12:13For another 2 days
12:14In judicial custody
12:16Well yes Priti
12:17This is a question
12:18That will have to be asked
12:19Of course
12:20We just heard
12:21From the CJP's own lawyers
12:22About what has been said
12:25In the court
12:25We are still waiting
12:26For the copy
12:27Of the written
12:28Anisha
12:28Just stay with me
12:29I am coming right back to you
12:30The reason I am cutting you short
12:31Is joining me
12:33Is Mr. Anish Gawande
12:34Of course
12:35He is from NCP Sharad Pawar
12:37But he has been an active part
12:38In terms of protest
12:39Of the CJP
12:41Dear friends
12:42With Abhiji Deepke
12:44And both Saurav
12:45As well as Ashutosh
12:46Thank you Mr. Gawande
12:48For joining us
12:49But Anish
12:50What do you make
12:50Two more days
12:51That both
12:53Ashutosh and Saurav
12:54Will now have to spend
12:55In judicial custody
12:58I mean I think
12:59It is absolutely
13:00Unfortunate
13:00The government
13:01Is asking for more time
13:02At the last moment
13:04At 7pm
13:05Before the Sehra
13:07At a moment
13:08Where these
13:09Two young men
13:10Have spent
13:11Five days in Tihal
13:12For waving the
13:42Kiranga
13:43Tomorrow the courts
13:44Are shut
13:45And they will be shut
13:46For a while
13:46And so
13:47I mean the
13:48Peckiness of the government
13:49Is coming through
13:49Frankly
13:51Ashutosh and Saurav
13:51Went in smiling
13:52They will resist smilingly
13:54How long do you want
13:55To keep people in jail
13:56I mean you look stupid
13:57Because of it
13:59What's the messaging Anish
14:00Especially for the
14:01Cockroach Janata party
14:02Because now they are seemingly
14:04With two of your top
14:05Or not your
14:06Rather
14:06Alright I seem to have
14:08Anish are you still with us?
14:11Alright Anish
14:12You know with
14:12Two top leadership
14:13In terms of
14:14Two of the top leadership
14:15Of the CJP
14:16Now in Tihar jail
14:18Abhijit back in Maharashtra
14:20Do you think this is
14:21A huge setback
14:21For the CJP
14:22Or there is a
14:23Chilling effect?
14:27Alright we seem to have
14:28Lost Anish
14:29We are going to try
14:29And cut across to him
14:30I want to bring back
14:31Anish
14:31Into this conversation
14:33Anish
14:33What explains
14:34You know
14:34The fact of a
14:36Two day extension
14:37For both
14:38Saurav and Ashutosh
14:40Provided there is
14:41No FIR in it
14:42Provided it was
14:43You know
14:43Preventive custody
14:44Usually one gets
14:46Bailed the same day
14:47You have kept them
14:47For five days
14:48Can you explain it
14:49For our viewers?
14:50Well Priti
14:51This is something
14:52That as we have been
14:53Listening to the CJP
14:54Lawyers
14:55We will have to wait
14:55Also for the detailed
14:56Written order
14:57From the SEM
14:59Because I have also
15:00Been speaking to lawyers
15:01Over the last few days
15:02And as you said
15:03It is inexplicable
15:05It is in fact
15:05Something that
15:07In the years
15:08That I have been
15:09Covering courts
15:09I have never actually
15:10Heard of anybody
15:11Going to be
15:12Sent to judicial
15:13Custody
15:14For breaking
15:15This kind of
15:16Bond
15:17Under section 130
15:19Remember
15:19Section 130
15:21Allows a magistrate
15:22To pass certain
15:23Orders
15:24To bound down
15:25Somebody
15:26So that they do
15:27Not break the law
15:28Again
15:29That is what
15:29These procedures
15:30Are supposed to be
15:31But here what
15:32We are seeing
15:32Is that these
15:33Two persons
15:34Saurav Das
15:35And Ashutosh Ranka
15:37Have been sent
15:37To judicial custody
15:39Not just
15:40And today
15:41The judicial custody
15:42Has been extended
15:43And as far as
15:43We can tell
15:44From what the lawyers
15:45For the CJP
15:45Have told us
15:46Because the government
15:47Expressed certain
15:48Apprehension
15:49That they may
15:50Again
15:51Break the law
15:52Now I am
15:53Citing here
15:54A judgment
15:55Of the
15:55Allahabad High Court
15:56Where the court
15:57Has said
15:57That
15:58You can
16:00That the magistrate
16:01Has to
16:02Apply their mind
16:03Carefully
16:04That there has
16:05To be a proper
16:08Before any
16:09Appropriate action
16:10Can be taken
16:11Under 130
16:12135 of the BNS
16:14And you have to
16:15Look into
16:16The facts of the matter
16:17They cannot be
16:18Mechanical extension
16:19Of orders
16:21Under 130
16:21This is something
16:22That the
16:23Allahabad High Court
16:24Said in 2024
16:27Soon after
16:28The BNS came in
16:29The questions
16:30That need to be
16:31Asked is
16:31What is this
16:32Apprehension
16:33And more importantly
16:33As the lawyers
16:34Were arguing
16:35These people
16:36Are not under
16:36Arrest
16:37In an FIR
16:38They are under
16:39Preventive
16:40Detention
16:41Not under
16:42Not under
16:43The NSA
16:43But under
16:44The BNSS
16:45Which is supposed
16:46To be for
16:47Specific
16:48Timing
16:49Specific
16:50Purpose
16:51That the police
16:52Has to explain
16:53In writing
16:53So right now
16:54A really serious
16:56Question needs to be
16:56Asked about
16:57Why this is
16:58Being extended
16:58And more importantly
16:59Will the courts
17:01Now step in
17:02Because as the
17:03Lawyers have been
17:03Saying they want
17:04To go to the
17:05High Court
17:05We will have to
17:06Wait and see
17:06How the Delhi
17:07High Court
17:07Sees this entire
17:09Sequence of events
17:10Back to you
17:10Alright Anisha
17:11Thank you for
17:11Joining us
17:12Cutting back
17:12For a quick
17:13Comment to
17:14Anish Gawande
17:15Who continues
17:15To be with us
17:16Anish
17:16You know
17:17Is this a
17:18Chilling effect
17:18And if so
17:20Does the CJP
17:21Find itself
17:21On the back foot
17:22Keeping in mind
17:23The top leadership
17:24Two of the top
17:25Leadership
17:25Behind Bars
17:26Abhijit
17:27Back in Maharashtra
17:30Honestly I think
17:31This will not
17:32Have a chilling
17:33Effect
17:33We thought that
17:34The police brutality
17:34On the 20th
17:35Would have a chilling
17:35Effect
17:36Young people
17:37Have realized
17:37That they are
17:38No longer scared
17:39Of the government
17:39They will follow
17:40The path of
17:41Mahatma Gandhi
17:41Visit peace police
17:43And the government
17:43Wants to retaliate
17:44On that
17:45It's a cowardly
17:46Government
17:46Whose moral past
17:49Will be exposed
17:49To be with us
17:50On the front of
17:50The police
17:53Appreciate it
17:53Thank you there
17:54We're going to
17:54Keep a keen eye
17:55On all developments
17:56Viewers
17:56One would really
17:57You know
17:58Think it
17:59Legally
17:59It sounds
18:00A tad bit
18:01Absurd
18:01That both
18:03Ashutosh
18:03And sorrow
18:05Find themselves
18:06With extended
18:07Judicial custody
18:07Which could be
18:08Extended again
18:09In the next two days
18:10What is the
18:10Attempt of it
18:11Some would suggest
18:13That it is a
18:14Chilling effect
18:14That the others
18:15Don't quite follow
18:16But legally
18:18Lots of people
18:19Find it incoherent
18:21We're going to
18:21Keep a keen eye
18:22And keep
18:23Kering our viewers
18:24The latest
18:24On these developments