Cockroach Janta Party leaders Saurav Das and Ashutosh Ranka on Wednesday withdrew from the Delhi High Court their plea challenging the extension of their judicial custody by a Special Executive Magistrate (SEM).
Justice Subramonium Prasad told the counsel appearing for the CJP co-conveners to await the outcome of the hearing scheduled before the SEM later in the day, and approach the appellate court if their grievance continues.
While permitting Das and Ranka to withdraw the case, the judge clarified that he has not made observations on the merit of the matter.
During the hearing, the court orally observed that a petition under Article 226 of the Constitution was not an appropriate remedy in this case.
The case was taken up by the court after the CJP leaders sought an urgent hearing in the high court, which is shut due to the Dussehra break.
Das and Ranka assailed the SEM’s October 19 order remanding them to two days’ judicial custody in the high court.
They were taken into custody on October 13 after they allegedly climbed over a locked gate to enter Jantar Mantar, which had earlier been denotified as a designated protest site, and were sent to five-day judicial custody.
A newly-appointed Special Executive Magistrate at Mandir Marg police station on Monday ordered their judicial remand till October 21 after they were produced before him.
Along with other CJP workers, Das and Ranka displayed the national flag at the site and shouted slogans against Chief Election Commissioner Gyanesh Kumar before being detained and placed under preventive arrest on October 13. (Agencies)
