Breaking: CJP Leaders Saurav Das & Ashutosh Ranka Withdraw Plea Before Delhi High Court Challenging Custody
The Court remarked that liberty is sacrosanct, but when an alternate provision is available, you generally don't come here, and you file an appeal.
CJP leaders Saurav Das and Ashutosh Ranka have withdrawn their writ petition challenging a Sub-Divisional Magistrate (SDM) order that extended their judicial custody, after agreeing to pursue appropriate legal remedies.
Das and Ranka had been in judicial custody since October 14 after being detained by Delhi Police for scaling a gate to reach Jantar Mantar and wave the national flag during a protest against Chief Election Commissioner Gyanesh Kumar.
During the course of the hearing, the Court remarked that liberty is sacrosanct, but when an alternate provision is available, you generally don't come here, and you file an appeal.
The Bench of Justice Subramonium Prasad ordered, "The Court has given a suggestion to the petitioner to withdraw this petition, seeing what transpires today, and then take remedies in accordance with law. The counsel appearing for the petitioner accepted the suggestion given by the court and has sought permission to withdraw the petition. It's made clear that this court has not made any observation on the merits of the case. All contentions for both sides are left open."
The Court also remarked, "For all of us, liberty is sacrosanct. But if the code provides a remedy, why do you think that against an order rejecting bail in the early regime or whatever section is, is not entertained? Because when there is an alternate provision available, you generally don't come; you go forth and appeal."
Advocate Abhik Chimni appeared for the Petitioners, while ASG Chetan Sharma appeared for the Delhi Police
The Court said, "For some reason you are drawing the court into a debate which might not go in your favour...Can the appellate court go into these questions?"
Petitioners argued that the rejection of sureties and the extension of custody under the Bharatiya Nagarik Suraksha Sanhita (BNSS) were legally unsustainable and requested release on personal bond.
The Court remarked that the petitioners had allegedly violated a previous bail bond by visiting Jantar Mantar despite a denotification and pending Supreme Court challenges. It also raised questions about the maintainability of the petition under Article 226 when a statutory revision remedy was available.
It remarked that the authorities were arguably justified in enforcing stricter rules due to the repeated breach of peace, and ultimately advised counsel to consider withdrawing or pausing the petition to see how proceedings before the lower authorities unfolded later in the day before pursuing further legal remedies.
"Would it not be better for you to withdraw this, see what happens at 2 PM and then follow the course of law. It is for you to take decision", the Court said.
After the matter was passed over for five minutes, the Counsel for the Petitioner submitted that, as per their instructions, they would withdraw the plea.
Accordingly, the petition was disposed of as withdrawn.
It was reported that following an initial five-day judicial custody order on October 14, their custody was extended by two more days on October 19. In the October 19 order, the SEM stated that the activists' conduct demonstrated a lack of respect for the law alongside serious concerns regarding breaches of peace and tranquillity, and further rejected the sureties provided for them as unfit.
Cause Title: Saurav Das & Anr. v. State of NCT Of Delhi [W.P.(CRL)-3341/2026]