New Delhi [India], October 22 : Special Executive Magistrate (SEM) Court, Mandir Marg Police Station, ordered the release of Cockroach Janata Party (CJP) activists Saurav Das and Ashutosh Ranka after taking an undertaking from them to the effect that they will not breach peace. They undertook that no call will be given for protest at Jantar till such time that it is denotified. They reiterated that any protest undertaken will be done as per law.
SEM Ritu Raj ordered the release of Das and Ranka after taking an undertaking from them and a bond executed to keep peace.
"In view of overall facts and circumstances, the respondents are directed to furnish personal bonds and surety bonds in the sum of Rs.50,000 until the conclusion of enquiry," the SEM Court ordered.
The court order noted that the respondents have furnished the personal bonds and the sureties.
"At this stage, I have personally inquired from the sureties and, upon being prima facie satisfied, the respondents are directed to be released henceforth. A release warrant be issued to the Superintendent, Central Jail, Tihar, New Delhi, for compliance," SEM Ritu Raj ordered on October 21.
The court has directed the investigation officer (IO) to file a verification report with respect to the sureties on the next date of hearing. The respondent and the sureties are directed to remain present on the next date of hearing.
While ordering the release, the court emphasised, "Needless to mention, the respondents shall appear before this Court on every date of hearing and shall maintain law and order and will not breach peace / public tranquillity of the area and shall strictly adhere to the terms of their bonds and voluntary undertaking given today. The inquiry in the matter shall continue in accordance with law."
The matter has been put up for further proceedings on October 23 at 3 PM.
Advocate Abhik Chimni, along with Abhisht Hela, appeared for Saurav Das and Ashitosh Ranka.
After hearing the application and the submissions of Counsel for both the parties and the written undertaking given by the Respondents, the Court was of the view that the immediate measures contemplated under Section 135(3) BNSS for the prevention of a breach of the peace or disturbance of public tranquillity can, in the present circumstances, be adequately secured by the execution of a bond for keeping the peace, supported by the written undertakings now given today in the Court.
"Hence, further judicial custody does not appear to be necessary at this stage, particularly after written undertakings before this Court," the court observed.
During the course of the hearing, both Das and Ranka gave a written undertaking voluntarily.
"I, Saurav Das, do undertake and promise not to commit any breach of peace. Further, it is also expressed that I have full faith in the judiciary and all its instruments, including the learned SEM Court. That 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 Janta Manar till such a time that it is de-notified in accordance with Law. That we further reiterate that any protest undertaken would be done within the four corners of the Constitution," the order noted.
The investigation officer moved an application for further extension of judicial custody for 3 days.
The investigation officer, assisted by legal Consultant Prashant Prakash and Bhairo Prasad, appeared before the court.
It was argued by the police that apprehension of further committing a breach of peace and law & Order persists, considering the statements made by the respondent afterwards, and strenuously the IO sought 03 days' further judicial extension.
The Counsels argued that the respondents keep shifting their stands on not further committing such/similar offence. It was also argued that their statement before the Court and their statement in the media are contrary to each other. "Lastly, it is argued that considering their previous conduct and recent developments, the respondents do not deserve any leniency of law."
Delhi Police Counsel specifically pointed out the conduct of the other members of the Respondents as a consequential effect of the statement given by them while en-route to Tihar Jail, on the last date of hearing, wherein she has given a media byte undermining the Majesty of the SEM Courts.
Replying to this submission, Ld. Counsel for the Respondent made a verbal unconditional apology to this Court and assured that such conduct shall not be repeated in future.