The Delhi High Court on Wednesday allowed Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka to withdraw their petition challenging judicial custody following their detention for waving the national flag at Jantar Mantar. During the hearing, the court questioned their protest, stressed that regime change in a democracy comes through elections, and pointed to the alleged breach of a bond signed before a special executive magistrate.
The Delhi High Court on Wednesday saw Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka withdraw their petition challenging their judicial custody following their detention for waving the national flag at Jantar Mantar, a site that has been de-notified for protests. While permitting the withdrawal without expressing any opinion on the merits of the case, the court questioned the circumstances and intentions behind the protest, stressed that democratic change must come through elections, and observed that the authorities had shown leniency towards the two activists.
Justice Subramonium Prasad, who heard the matter, questioned the activists about their ages and remarked that they could not be categorised as members of Generation Z. The court was informed that Das is 27 years old and Ranka is 31. During the hearing, the age distinction became part of a broader discussion about the protesters, their objectives and the context in which they had assembled at Jantar Mantar.
One of the significant observations during the hearing concerned the relationship between the right to protest and the constitutional framework governing democratic politics. The High Court acknowledged that citizens have the right to protest, but emphasised that a change of government in a democracy is achieved through elections.
The observation underlined the distinction between exercising the freedom to express dissent and pursuing political change outside the electoral process. Peaceful protest remains an important democratic instrument, allowing citizens to question government decisions, raise grievances and demand accountability. However, the exercise of this right is also subject to applicable laws and lawful restrictions governing public spaces.
The court's remarks came against the backdrop of the controversy surrounding the CJP leaders' detention at Jantar Mantar. The site has been de-notified as a designated protest venue, making the circumstances of the gathering and the legal basis of the authorities' action central to the dispute.
The court's comments did not amount to a final determination of the legality of the detention or the activists' claims. Since the petition was ultimately withdrawn, the High Court did not adjudicate the merits of their challenge.
A key issue highlighted by Justice Prasad was that Das and Ranka had allegedly violated a bond they had previously executed before the special executive magistrate (SEM). The court indicated that this circumstance was relevant to determining the appropriate legal remedy available to them.
Advising the petitioners to approach the revisional court, the judge suggested that they should pursue the remedy provided under the law before seeking relief through a constitutional petition under Article 226.
As reported by Bar and Bench, the court observed that the activists had broken a bond and that their remedy lay in revision. It also distinguished between the maintainability of a petition and whether the court should entertain it in the circumstances of the case.
The distinction is legally significant. A petition may be maintainable in principle, but a court can still consider whether an alternative legal remedy should be pursued first. Article 226 empowers High Courts to issue writs to enforce fundamental rights and for other legal purposes. However, the availability of an alternative remedy is an important consideration when deciding whether to exercise that jurisdiction.
By pointing towards the revisional route, the High Court indicated that the activists should first seek relief through the appropriate legal channel rather than bypassing it.
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