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CJP Challenges Custody of Saurav Das & Ashutosh Ranka in Delhi HC | Delhi High Court | Article 226 vs BNSS Explained | UPSC Polity Current Affairs
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Why in News? Cockroach Janta Party (CJP) co-conveners Saurav Das (27) & Ashutosh Ranka (31) challenge judicial custody extension in Delhi High Court.
Breaking News - Oct 21-22, 2026:
- Delhi High Court allows CJP leaders to WITHDRAW challenge to judicial custody, leaves merits open - Justice Subramonium Prasad
- Court questions why writ under Article 226 invoked when statutory remedy under BNSS available
- Advised to await outcome of Special Executive Magistrate (SEM) proceedings & approach appellate/revisional forum
- SEM's Oct 19 order extended judicial custody by 2 days till Oct 21. Initially detained Oct 13 at Jantar Mantar.
- Later Oct 22, SEM at Mandir Marg Police Station orders RELEASE after 7 days custody in Tihar Jail
What Happened?
Oct 10: Das & Ranka detained, signed Peace Bond to maintain peace.
Oct 11: Jantar Mantar de-notified as designated protest site by Delhi Police.
Oct 13: Leaders climbed locked gate at Jantar Mantar, waved national flag, shouted slogans against CEC Gyanesh Kumar - Alleged breach of peace bond, detained again.
Oct 14: Produced before Special Executive Magistrate - 5 days judicial custody in Tihar.
Oct 19: SEM extends custody by 2 more days till Oct 21 - Cited concerns for public peace, breach of earlier bond, rejection of sureties due to photo verification issues.
Oct 21-22: Challenged in Delhi HC under Article 226. Counsel Advocate Abhik Chimni argued preventive custody arbitrary, SEM lacked jurisdiction. Justice Prasad: "You gave bond Oct 10, broke it Oct 11" - Remedy lies in revision u/s BNSS, not writ. HC observed: "You are not Gen Z" (born after 1997). Protest rights exist but regime change through elections. Also noted France-like protests escalating to arson.
Legal Concepts for UPSC:
- Preventive Action under Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023: Sections 126 (Security for keeping peace) & 170 (Show cause proceedings) - Earlier CrPC 107/151
- Special Executive Magistrate (SEM) - Power to demand bond, surety, reject surety
- Article 226 - Writ Jurisdiction of High Court vs Statutory Appellate Remedy
- Maintainability vs Entertainability Doctrine - Justice Subramonium Prasad
- Right to Protest vs Public Order - Article 19(1)(a) & 19(1)(b) vs 19(2) reasonable restrictions
- Jantar Mantar De-notification Issue - Designated protest sites in Delhi
- Peace Bond & Surety - Legal provisions for maintaining public tranquility
UPSC Relevance:
Prelims: BNSS 126, 170, SEM, Article 226, Jantar Mantar protest site, Cockroach Janta Party
Mains GS2 Polity: Right to Protest, Preventive Detention Laws, BNSS vs CrPC, Judicial Review, Powers of Executive Magistrate, Balance between Liberty & Public Order
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COMMENT: Is Article 226 the right remedy against SEM order or revision under BNSS?
#CJP #SauravDas #AshutoshRanka #DelhiHighCourt #CockroachJantaParty #JudicialCustody #JantarMantar #BNSS #BNSS126 #BNSS170 #Article226 #SpecialExecutiveMagistrate #PeaceBond #PreventiveDetention #RightToProtest #TiharJail #JusticeSubramoniumPrasad #AbhikChimni #GenZProtest #CECGyaneshKumar #MandirMarg #UPSC2026 #UPSCPolity #GS2 #TheHindu #PIB #VajiraoAndReddyInstitute
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