Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka on Wednesday withdrew their petition before the Delhi High Court challenging the extension of their judicial custody by two days in connection with protests against Chief Election Commissioner Gyanesh Kumar.
According to a report by The Bar and Bench, the withdrawal came after Justice Subramonium Prasad expressed reservations about entertaining the writ petition, pointing out that an alternative legal remedy was available to the petitioners.
“Liberty is sacrosanct. But if the Code provides for remedy… when there is already provision available,” the judge said during the hearing, according to LiveLaw.
The court also suggested that the two leaders withdraw their petition, appear before the Special Executive Magistrate (SEM) court and pursue the remedies available under law.
Das and Ranka are scheduled to be produced before the SEM court on Wednesday as their extended two-day judicial custody expires.
The case relates to allegations that the two leaders violated peace bonds by attempting to unfurl the national flag at Jantar Mantar in defiance of prohibitory orders.
They were initially remanded to five days of judicial custody on October 14 by Executive Magistrate Mahesh Kumar Meena. On October 19, their custody was extended by another two days.
The CJP leaders had challenged the extension before the High Court, questioning the legality of the order and their continued detention despite submitting sureties.
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