Delhi High Court to hear pleas by CJP leaders, AISA’s Neha Bora against magistrate orders

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The Delhi High Court will hear pleas by Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka and All India Students’ Association president Neha Bora Wednesday, challenging orders of special executive magistrates (SEM) against them.Ranka and Das were arrested on October 14 for allegedly breaching security and entering Jantar Mantar during the protests. On Monday, the SEM extended their custody by two days, taking the total to seven days.The order signed by SEM Ritu Raj, an ACP-rank officer with the Delhi Police, said that Ranka and Das’s conduct did not inspire “confidence”, that they have “no respect for law” and that they have habitually called for protests at a de-notified site. While being taken away, Das had termed the SEM a “police court” and said “there’s no justice”.Their key challengeThe two, who moved court on Tuesday, are challenging the grounds on which their sureties were rejected and the demand for fresh ones.As per the SEM order, two persons acted as the surety for Ranka and Das. For one person, the SEM court said that the photograph of the person did not match with the Aadhaar card. For the other person, the court said that basic details like parentage were not there.Das and Ranka, in their plea, argued that the SEM’s grounds for rejection are contrary to the principles of personal liberty and shows “complete misapplication of the law”.Their plea had sought an urgent hearing, including a possible night hearing, alleging violations of their fundamental right to liberty under Article 21 of the Constitution.Story continues below this adNeha issued show cause noticeNeha had moved the Delhi High Court on Monday, challenging a notice by the SEM asking her to show cause why she should not execute a peace bond given the likelihood of her indulging in “breach of peace”.On October 16, the student leader was detained at Mandi House while on her way to the “Lehra Do Tiranga” march at Connaught Place. Delhi Police also took Cockroach Janta Party (CJP) founder Abhijeet Dipke into preventive custody ahead of the march.She was released in the early hours of October 17 after completing formalities related to her detention under Section 65 of the Delhi Police Act, 1978, which allows police to remove someone who refuses to comply with their “reasonable directions”.The same day, SEM Mahesh Kumar Meena issued a notice directing Neha to appear before the Special Executive Magistrate (SEM), New Delhi district, on October 19.Story continues below this adThe notice accused Neha of creating “nuisance by shouting loudly in protest” at the Mandi House roundabout and of previously being “involved in repeated protest-related activity in and around Jantar Mantar, New Delhi, despite prohibitory orders 163 BNSS”.It also claimed she “instigated people to participate in unauthorised demonstration at Central Park, Connaught Place, which is not a designated protest site, and hoist the national flag without obtaining valid permission”.Key grounds of her challengeIn her plea, Neha had described the police notice and the direction to execute a peace bond as a “colourable exercise of preventive powers to suppress peaceful dissent”, based on “vague and factually incorrect” material.Represented by advocates Abhik Chimni and Pranjal Abrol, she flagged in the plea that the notice does not justify the “likelihood” of breach of peace and does not even disclose a period, occasion, or event in relation to which breach of peace is being apprehended by the Delhi Police.Story continues below this adShe also argued that with “routine deployment” of prohibitive orders being issued “against every call of protest”, such powers cannot be a “preventive administrative shortcut to be used whenever protest is anticipated”.