New Delhi, October 21: The Delhi High Court on Wednesday allowed two Cockroach Janata Party (CJP) leaders to withdraw their petition challenging extended judicial custody in the Jantar Mantar trespassing case, after questioning their decision to approach the High Court without first pursuing an available statutory remedy. During the hearing, the court also questioned whether the activists could describe themselves as members of Generation Z.
Justice Subramonium Prasad heard the plea filed by Saurav Das, 27, and Ashutosh Ranka, 32, who challenged the Special Executive Magistrate’s (SEM) rejection of their sureties and sought release on personal bonds.
Advocate Abhik Chimni, representing the petitioners, argued that the rejection of sureties lacked legal justification and that authorities could not impose preventive custody arbitrarily.
The court questioned whether the SEM’s decision was unlawful and whether the petitioners should instead pursue a revision petition before invoking its writ jurisdiction under Article 226 of the Constitution.
Justice Prasad distinguished between a petition’s legal maintainability and the appropriateness of entertaining it immediately, suggesting that the activists await proceedings scheduled before the SEM later that afternoon.
During the arguments, the judge asked about the petitioners’ ages and questioned their identification with Gen Z. After counsel explained that the generation generally included people born after 1997, the judge remarked, “Then you are not Gen Z.”
The court also questioned the changing objectives of demonstrations involving the same participants and said the identity and purpose of protest organisations could become relevant when authorities assessed potential threats to public peace.
Justice Prasad referred to the activists’ alleged breach of earlier bonds and their subsequent presence at Jantar Mantar, which authorities had removed from the list of designated protest venues. The court noted that the Supreme Court was considering a challenge to the denotification but had not stayed it.
After consulting the petitioners, Chimni withdrew the plea. The High Court disposed of the matter without ruling on its merits and left all legal arguments open.
SEM Ritu Raj had extended the activists’ custody on Monday, citing their alleged repeated involvement in protests at denotified locations and material submitted by the investigating officer concerning possible disturbances to public tranquillity.
Authorities had earlier recorded an alleged breach of bonds furnished on October 11.
Police detained Das, Ranka and fellow CJP member Ajinkya Shinde among 14 people on October 13 over allegations that they entered Jantar Mantar through private premises and obstructed officers.
The group had been protesting alleged irregularities in the Special Intensive Revision of electoral rolls and raising slogans against Chief Election Commissioner Gyanesh Kumar.
