The Saurav Das Ashutosh Ranka plea against judicial custody is to be heard by the Delhi High Court today itself, on the day their present custody ends, after their counsel mentioned it for urgent listing.
New Delhi: After their counsel mentioned the matter for urgent listing, the Delhi High Court on Wednesday, October 21, agreed to take up the plea of Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka against their judicial custody in preventive proceedings. The current custody period expires the same day, when they are to be produced again before the Special Executive Magistrate [Saurav Das and Ashutosh Ranka v. State (NCT of Delhi)].
Justice Subramonium Prasad will hear the matter. The case number and the time of hearing were not available at the time of writing.
The order under attack
The petition, filed on October 20, targets an order of October 19 by Special Executive Magistrate Ritu Raj, New Delhi District, in proceedings under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). By that order, their judicial custody was extended by two days, till October 21, where the police had asked for five; the sureties offered were held unfit and fresh sureties were directed.
Their case is that the order offends the right to personal liberty under Article 21 and is an arbitrary exercise of power. They say they remained in custody for days despite offering sureties several times, that Section 140 BNSS allows a surety to be refused only if the person is unfit for the purposes of the bond, and that Section 130 required the Magistrate to fix the number of sureties, the bond amount and its term, which was never done.
How the two came to be in custody
The two were apprehended on October 10, ahead of the CJP’s protest against Chief Election Commissioner Gyanesh Kumar. Preventive proceedings under Sections 126 and 170 BNSS followed, and they were released the same day on peace bonds of Rs 50,000 each. The police later alleged that the bonds were breached during a protest at Jantar Mantar, which had been de-notified as a protest site, and on October 14 Executive Magistrate Mahesh Kumar Meena sent them to five days of judicial custody.
On October 19, when that period ran out, the police asked for five more days, citing a continuing threat and the leaders’ social media calls for protests. Their counsel argued that no fresh apprehension had been disclosed and pointed out that CJP founder Abhijeet Dipke had already been released. The Magistrate allowed two more days and listed the matter for October 21.
Sections 126 and 170, in short
Section 126 BNSS lets an Executive Magistrate call on a person likely to breach the peace to show cause why a bond for keeping the peace should not be executed, and Section 170 permits arrest to prevent a cognizable offence. Both are preventive provisions: custody under them is not punishment for any offence. The petitioners rely on Delhi High Court rulings that a person who has offered surety bonds should ordinarily be released while verification is pending.
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Neither the police’s allegation that the bonds were breached nor the petitioners’ grounds have been tested. The High Court has expressed no view on the merits, and the presumption of innocence applies to both leaders.
Case Title: Saurav Das and Ashutosh Ranka v. State (NCT of Delhi) (title as described; case number not available)
Court: Delhi High Court
Bench: Justice Subramonium Prasad
Date of mentioning and hearing: October 21, 2026
Order challenged: Special Executive Magistrate, New Delhi District, October 19, 2026