The Special Executive Magistrate (SEM) Court in New Delhi ordered the release of Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka from judicial custody on October 21. The release followed the activists' submission of written undertakings promising to refrain from breaching the peace or calling for protests at the barricaded Jantar Mantar site while it remains denotified. The court, presided over by Assistant Commissioner of Police Ritu Raj, who was acting as the SEM, concluded that the necessity for continued judicial detention had subsided following the execution of personal and surety bonds amounting to ₹50,000 each.

The activists, who had been incarcerated in Tihar Jail since their initial remand on October 14, were the subjects of preventive proceedings initiated by the Parliament Street police station under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The police had consistently sought extensions of their custody, arguing that the duo’s past conduct and public statements, including those made to the media during their transit to prison, raised credible apprehensions of potential public disorder.

Conditions for Liberty Following Preventive Detention

The core of the judicial order centered on the activists' formal, written commitment to adhere to legal and constitutional standards. During the proceedings, both Das and Ranka provided individual statements affirming their faith in the judiciary and their intent to maintain public tranquillity. As part of their undertaking, they explicitly stated: “We reiterate our undertaking and commitment towards peace, law and order, public Tranquillity and further we specifically State that we will not make any calls for protest at Jantar Manar till such a time that it is de-notified in accordance with Law.”

The court accepted these assurances alongside the financial bonds provided by the sureties. The magistrate’s order noted that the immediate preventive measures contemplated under Section 135(3) of the BNSS—designed to suppress potential disturbances before they escalate—could be adequately managed through these bonds and written commitments rather than continued incarceration.

In response to the prosecution’s concerns regarding earlier media statements that purportedly undermined the court's authority, counsel for the activists, led by Abhik Chimni and Pranjal Abrol, provided an unconditional verbal apology. The court recorded this apology as a factor in its decision to grant the release, noting that the activists had committed to avoiding such conduct in the future.

Police Concerns and Judicial Oversight

Throughout the detention period, the Delhi Police maintained that the activists’ actions posed a persistent risk to law and order. Investigators argued that the pair had made contradictory statements when comparing their initial submissions to the court with remarks issued in media interviews. The prosecution contended that this inconsistency demonstrated a lack of genuine intent to comply with the peace bonds.

Before the SEM court reached its final decision, the matter had reached the Delhi High Court. The activists had filed a petition challenging the extension of their judicial custody and the refusal to accept previously offered sureties. However, during the hearing on October 21, Justice Subramonium Prasad suggested that the activists await the decision of the SEM court, noting that a revision petition remained a viable legal recourse should the magistrate deny their release. Following these observations, the activists chose to withdraw their writ petition.

The release has drawn various reactions from the political spectrum. Ratna Singh, the legal head of the CJP, expressed that while the release was welcome, it should have been granted earlier. Prominent political figures also weighed in on the proceedings. Arvind Kejriwal issued a statement supporting the activists, while BJP national spokesperson Sambit Patra clarified that their detention was strictly related to the violation of established peace bonds rather than any specific protest activity, such as the unfurling of the national flag.

The Path Forward for Protest Inquiry

The release of Das and Ranka does not signal the conclusion of the legal proceedings against them. The inquiry into the allegations initiated under the BNSS is ongoing, and the court has mandated that both individuals remain fully compliant with their bond conditions to prevent any recurrence of the disturbance of public peace.

The magistrate has directed the investigating officer, Sub-Inspector Mohit Bhatti, to submit a formal verification report regarding the sureties provided. Furthermore, the court has explicitly ordered that both Das and Ranka attend every subsequent hearing in the matter. Failure to comply with these procedural directives or any breach of their written undertakings would risk the forfeiture of their bonds and potential re-arrest, as the court remains strictly focused on maintaining public tranquillity in the vicinity of the protest site.

The next hearing for the case is scheduled for October 23 at 3 pm, during which the court will review the verification of the sureties and the ongoing status of the preventive inquiry. For now, the activists remain bound by their commitment to operate strictly within the constitutional framework until the legal status of the Jantar Mantar site is clarified through official channels. The court has dispatched the release warrant to the Superintendent of Tihar Jail to ensure the immediate implementation of the order.