The Delhi High Court (HC) on Wednesday questioned the members of the pressure group Cockroach Janta Party (CJP), Saurav Das and Ashutosh Ranka, over their decision to challenge a preventive custody order directly before the HC, prompting the duo to withdraw the petition and take the legal course available before the competent authority.

During the hearing held on Wednesday, the court questioned why the petitioners had invoked its writ jurisdiction under Article 226 of the Indian Constitution, when an alternative legal remedy was available. The bench also made a light-hearted observation about their ages, asserting that both of them were not Gen-Z.

CJP leader Abhijeet Dipke, Saurav Das and Ashutosh Ranka

You are not Gen-Z: Court tells petitioners

When the bench enquired about the petitioner’s ages, their advocate, Abhik Chimni, informed the court that Das was aged 27 while Ranka was 32.

Subsequently, the court asked what Generation Z meant, and after being told that the term referred to people born after 1997, noted that the two petitioners did not fall into that category.

The court made the remarks during proceedings concerning their preventive custody following protests against the de-notification of Jantar Mantar as a designated protest site.

Furthermore, the bench referred to the concept of regime change, noting, “You suddenly hear something like about the regime change…..Something you do by ballot.”

The court also clarified that it had not expressed any opinion on the merits of the case.

Why did the petitioners approach the HC?

Questioning the urgency behind the petition, the bench pointed out that the jurisdictional court was approximately two kilometres away. It asked why the petitioners had knocked on the HC’s doors instead of following the due legal procedure.

It asked, “When the matter is coming up before the SEM at 2 pm today, why rush to the High Court?,” suggesting that the petitioners could withdraw their plea, await the Special Executive Magistrate’s decision and then consider further remedies applicable under the law.

The case will now be heard by the Special Executive Magistrate (SEM).

Protest at Jantar Mantar and custody dispute

During the hearing, the bench referred to the protest held on October 18 and observed that bail bonds had been furnished on October 11, when Jantar Mantar had been de-notified and the petitioners were held.

The court further questioned whether authorities could demand fresh sureties in a subsequent preventive proceedings if the people were alleged to have breached the peace again.

It noted that the petitioners had returned to the site after its de-notification, despite their challenge to the notification pending before the Supreme Court (SC) and no stay being in force.

CJP leaders sent to judicial custody

As per Delhi Police, on October 13, Das, Ranka, Ajinkya Shinde and 11 other CJP members allegedly entered the no-longer-designated protest through private property.

Das and Ranka were sent to five days of judicial custody on October 14, with their custody subsequently extended on Monday.

The outfit’s legal team had approached the Delhi HC on Tuesday, seeking an urgent hearing in connection with the leaders’ custody. The HC bench agreed to hear the matter urgently on Wednesday before questioning their decision to approach it directly.