1 hr ago
Delhi Court Releases Three CJP Leaders After Preventive Detention
Three leaders of the Cockroach Janta Party were detained by Delhi Police after arriving in Delhi from Mumbai.
They had come to lead a protest about alleged problems in an election-related process.
Police said they had not given permission for the protest.
The leaders were brought before an Executive Magistrate the next day.
Their lawyer said police did not give a reason to keep them detained longer.
The court ordered their release after they signed personal bonds of Rs 50,000 each.
They were told not to breach the peace for one year.
The court also ordered the return of their devices, according to their lawyer.
Delhi Police detained CJP founder Abhijeet Dipke and leaders Saurav Das and Ashutosh Ranka at the airport on Saturday.
The three had arrived from Mumbai to lead a protest against Chief Election Commissioner Gyanesh Kumar over alleged Special Intensive Revision discrepancies.
Police said they had not granted permission for the protest; the leaders were held under preventive provisions of the Bharatiya Nagarik Suraksha Sanhita.
An Executive Magistrate Court ordered their release on Sunday after police gave no grounds for further detention, their lawyer said.
They signed personal bonds of Rs 50,000 and were released on condition they would not breach the peace for one year; their devices were also ordered returned.
- Who
- CJP founder Abhijeet Dipke and leaders Saurav Das and Ashutosh Ranka; Delhi Police; and an Executive Magistrate Court.
- What
- The three CJP leaders were released after preventive detention when police provided no grounds for further detention, according to their lawyer.
- Where
- They were detained aboard an aircraft at Indira Gandhi International Airport in Delhi and appeared before a court at Delhi Cantonment Police Station.
- When
- They were detained Saturday and released Sunday; the article does not specify dates.
- Why
- They had arrived to lead a protest over alleged discrepancies in the Special Intensive Revision exercise; police said they had not granted permission for the protest.
Police rationale
Leaders’ lawyer’s response
Preventive detention and protest
Police rationale
Police said they had not given permission for the protest and detained the leaders under provisions allowing preventive action against a possible offence or breach of peace.
Leaders’ lawyer’s response
Their lawyer said police gave no grounds for further detention and argued that peaceful protest and expression are constitutionally protected, subject to reasonable restrictions.
Key facts
- Released leaders
- Abhijeet Dipke, Saurav Das and Ashutosh Ranka
- Detention date
- Saturday
- Release date
- Sunday
- Legal provisions cited
- Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita
- Personal bond
- Rs 50,000
- Release condition
- Not to engage in a breach of peace for one year
- Proposed protest
- Against Chief Election Commissioner Gyanesh Kumar over alleged discrepancies in the Special Intensive Revision exercise
Quotes
Soutik Banerjee
Advocate representing the CJP leaders
“The police could give no grounds of further detention, so they were released. A procedural hearing took place where we sought release on personal bonds and without any deposit by surety. A more detailed hearing would’ve taken place had the police provided grounds of further detention which then we would have contested legally. All our submissions and prayers were accepted by the SEM Court, including for the release of their devices, which were taken away during the period of detention.”
indianexpress.com
“A breach of peace would mean only such activity that is not constitutionally permitted and not protected as a fundamental right. If the Constitution allows me to express myself freely, to form associations and gatherings, or to move freely, then that can only be curbed within the narrow paradigm of reasonable restrictions which are proportionate in nature.”
indianexpress.com
Sources
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