High Court Directs Defense Counsel to Pursue Revisional Remedies
In a swift judicial development, the Delhi High Court granted permission to Cockroach Janta Party (CJP) activists Ashutosh Ranka and Saurav Das to withdraw their writ petition challenging an order passed by a Special Executive Magistrate (SEM) that extended their judicial remand.
The petition was brought before a single-judge bench led by Justice Subramonium Prasad during an urgent session. The CJP leaders had approached the High Court under Article 226 of the Constitution following an October 19 order by the SEM court at Mandir Marg police station, which extended their preventive custody by two days after initial five-day remands expired.
Overview: Key Parameters of CJP High Court Hearing & Subsequent Outcome
| Legal Parameter | Official Details & Proceedings Specifications |
| Petitioners | Ashutosh Ranka & Saurav Das (Co-convenors, CJP) |
| Adjudicating Bench | Justice Subramonium Prasad (Delhi High Court) |
| Challenged Order | 2-Day Judicial Remand Extension by SEM Court |
| Court Guidance | Recommended revisional court approach under BNSS / CrPC |
| Final Judicial Outcome | Petition Withdrawn; SEM court accepted bonds & ordered Tihar release |
Judicial Observations and Surety Reconsideration
During oral arguments, Justice Subramonium Prasad noted that because the magistrate court was actively reconsidering the sureties and peace bonds furnished by the defense counsel that afternoon, a High Court writ petition was premature.
CJP Judicial Withdrawal & Release Pipeline: ------------------------------------------ Urgent High Court Petition Filed ──> HC Bench Recommends Withdrawal & Revisional Route ──> Petition Withdrawn ──> SEM Accepts Peace Bonds ──> Release From TiharThe High Court observed that when statutory remedies exist before a revisional court, exercising extraordinary constitutional jurisdiction is unnecessary. Accepting the court's advice, advocate Abhik Chimni—representing Ranka and Das—agreed to withdraw the petition to keep all legal options open.
"If it is a revisable order, would it not be appropriate for you to withdraw this, see what happens before the SEM court, and then evaluate what options are available to you in law?" — Justice Subramonium Prasad, Delhi High Court
Release from Tihar Jail Following Written Undertakings
Hours after the withdrawal of the High Court petition, the Special Executive Magistrate court reviewed the fresh sureties and personal bonds of ₹50,000 each submitted by the CJP leaders. Declining a request by the Delhi Police to extend custody further, the magistrate accepted written undertakings from Ranka and Das promising to maintain peace and adhere to legal protocols regarding public assemblies.
Both leaders walked out of Tihar Jail late Wednesday evening, concluding their detention stemming from an October 14 demonstration at Jantar Mantar concerning electoral roll revisions.




