Delhi Court Orders Release of CJP Leaders From Tihar Jail

A Delhi Court has ordered the release of Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka from Tihar Jail after rejecting a police request to extend their judicial custody by another three days. The order was passed on October 21, 2026, by Special Executive Magistrate (SEM) Ritu Raj, who held that further custody was unnecessary after the two leaders submitted written undertakings to maintain peace and public tranquillity.

Das and Ranka had been in judicial custody since October 14 over allegations that they entered the designated protest area at Jantar Mantar during a Tiranga march and violated peace bonds they had furnished earlier. Their protest was linked to demands for the resignation of the Chief Election Commissioner over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The court directed that a release warrant be issued to Tihar Jail after the leaders furnished personal bonds and sureties of Rs 50,000 each. Their release, however, comes with conditions requiring them to maintain law and order, comply with their undertakings and appear at subsequent hearings.

Why Did the Delhi Court Order the Release of Saurav Das and Ashutosh Ranka?

The principal reason for the release order was the court’s assessment that continued judicial custody was no longer necessary after the two leaders submitted written undertakings addressing concerns about a possible breach of peace.

In its October 21 order, the court noted that Das and Ranka had furnished personal bonds and sureties of Rs 50,000 each, which would remain in effect until the inquiry concluded. It also directed the issuance of a release warrant to Tihar Jail.

The order stated that further judicial custody did not appear necessary at that stage, particularly in view of the written undertakings submitted before the court.

The decision followed preventive proceedings initiated by Parliament Street police over apprehensions that the leaders’ conduct could lead to a breach of peace. Rather than continuing their detention, the magistrate considered whether the bonds and written assurances would adequately address the concerns raised by the police.

The court relied on Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), as cited in the proceedings, in considering whether the undertakings and bonds were sufficient to address the possibility of a breach of peace.

The release order does not amount to a finding that the original allegations were false or that the preventive proceedings have ended. Das and Ranka remain subject to the conditions imposed by the court and must comply with the directions governing their appearance and conduct.

What Conditions Must the CJP Leaders Follow After Release?

Although the court ordered their release, Das and Ranka must comply with specific conditions intended to address the concerns that led to their detention.

Both leaders submitted written undertakings promising not to breach the peace. They also affirmed their faith in the judiciary, including the court of the Special Executive Magistrate hearing the matter.

The undertakings included an assurance that they would not call for protests at Jantar Mantar until its status as a protest site changes in accordance with the law. They also stated that any protest they undertake would remain within the constitutional framework.

The court’s directions require the two leaders to:

• Maintain peace and public tranquillity: They must avoid conduct that could lead to a breach of peace.
• Comply with their bonds: They must follow the conditions attached to their personal bonds and sureties.
• Honour their written undertakings: They must adhere to the assurances submitted before the magistrate, including those concerning protests at Jantar Mantar.
• Attend court hearings: Both leaders must appear whenever directed by the court.
• Cooperate with the proceedings: They must comply with the requirements of the ongoing inquiry.

The court directed Das, Ranka and their respective sureties to appear on October 23, 2026, at 3 pm. The investigating officer was instructed to submit a verification report concerning the sureties.

These conditions are central to the release order. The court has allowed the leaders to leave custody while requiring them to provide assurances intended to prevent a recurrence of the conduct that prompted the police action.

Why Were Saurav Das and Ashutosh Ranka Sent to Tihar Jail?

Das and Ranka were sent to judicial custody on October 14 after police alleged that they entered Jantar Mantar during a Tiranga march and violated peace bonds furnished earlier.

The proceedings were preventive in nature. Parliament Street police initiated the action because of concerns about a possible breach of peace in connection with the leaders’ protest activity.

The march was linked to their demand for the resignation of the Chief Election Commissioner over alleged irregularities in the Special Intensive Revision of electoral rolls. The SIR process concerns the revision of electoral rolls, and the leaders had raised objections to the process.

The allegations against the two leaders formed the basis of the preventive proceedings. The court’s subsequent decision to order their release focused on whether further custody remained necessary after they submitted assurances concerning their future conduct.

The leaders’ initial five-day custody was extended by two days on October 19. Police subsequently sought a further three-day extension on October 21, arguing that concerns about a potential breach of peace remained unresolved.

The magistrate rejected that request, finding that the written undertakings and bonds could adequately address the concerns at that stage.

What Did Police Argue Against Releasing the Leaders?

During the October 21 proceedings, police opposed the release of Das and Ranka from custody and requested an additional three days of judicial custody.

The police argued that the possibility of a further breach of peace persisted. They also alleged that the leaders’ submissions before the court contradicted their public statements and written reply.

Police further referred to the conduct of other members of the group and alleged that a media statement made while Das and Ranka were being taken to Tihar Jail had undermined the authority of the Special Executive Magistrate’s court.

These arguments were presented as reasons for continuing the preventive proceedings and retaining the leaders in custody for a further period.

However, the magistrate did not accept the request for an extension. The court instead considered the assurances offered by the two leaders and concluded that further judicial custody was unnecessary at that stage.

The decision reflects the court’s assessment of the immediate need for continued detention in light of the undertakings and financial guarantees furnished by the leaders and their sureties.

Did the CJP Leaders Apologise to the Court?

During the proceedings, counsel appearing for Das and Ranka offered a verbal unconditional apology and assured the court that the conduct referred to in the police submissions would not be repeated.

The apology and assurance formed part of the proceedings in which the court considered whether the concerns about public order could be addressed without extending custody.

The leaders also provided written undertakings concerning peace, public tranquillity and their approach to future protests. They affirmed their faith in the judiciary and agreed that any protest activity would remain within the constitutional framework.

The court’s release order specifically emphasised the written undertakings while explaining why continued custody was no longer considered necessary.

The order does not establish that every allegation raised by the police was disproved. Instead, it records the court’s decision that the assurances, bonds and sureties were adequate to address the concerns at the current stage of the proceedings.

What Is Section 135(3) of the BNSS in This Case?

The proceedings were initiated under preventive provisions of the Bharatiya Nagarik Suraksha Sanhita, which provides the procedural framework for criminal justice matters in India.

In this case, the court referred to Section 135(3) of the BNSS while considering whether the personal bonds and written undertakings submitted by Das and Ranka could adequately address concerns about a breach of peace.

The central issue before the magistrate was whether keeping the leaders in judicial custody remained necessary after they provided assurances concerning their future conduct.

The court concluded that further custody did not appear necessary at that stage. It therefore ordered their release, subject to the bonds, undertakings and attendance requirements recorded in the order.

Preventive proceedings of this nature focus on addressing apprehensions about public order and compliance with legally imposed conditions. They should be distinguished from a final determination of guilt in a criminal trial.

In the present case, the release order does not constitute a final ruling on the allegations surrounding the Tiranga march or the alleged violation of the earlier peace bonds.

What Happens Next in the Case?

The immediate next step is the scheduled court appearance on October 23, 2026, at 3 pm. Das and Ranka, along with their sureties, have been directed to appear before the Special Executive Magistrate.

The investigating officer must submit a verification report concerning the sureties. The report will form part of the procedural follow-up required under the release order.

The leaders are also required to continue complying with their bonds and written undertakings. Their release does not remove the obligation to maintain peace, attend hearings or follow the conditions imposed by the court.

The proceedings will continue in accordance with the applicable legal process. The next hearing is expected to address the required verification and any further matters arising within the scope of the inquiry.

The outcome of the proceedings will depend on the record before the court and the applicable legal requirements. No final conclusion on the underlying allegations can be drawn solely from the decision to reject the police request for an additional three days of custody.

Why the Release Order Matters

The decision involving CJP Leaders Saurav Das and Ashutosh Ranka highlights the distinction between preventive custody and a final determination of allegations relating to public order.

Police argued that the risk of a breach of peace remained and sought more time in custody. The magistrate, however, found that the written undertakings, personal bonds and sureties were sufficient to address those concerns at the current stage.

The order also sets out conditions for the leaders’ future conduct, including their undertaking not to call for protests at Jantar Mantar until its status changes in accordance with the law and their assurance that protest activity will remain within the constitutional framework.

For the two leaders, the immediate outcome is their release from Tihar Jail, subject to compliance with the court’s directions. For the authorities, the preventive proceedings remain subject to the required legal process and follow-up.

The next scheduled appearance on October 23 will provide an opportunity for the investigating officer to submit the surety verification report and for the proceedings to continue.

Ultimately, the court’s decision is limited to the question of further custody at this stage. It does not amount to a final judgment on the allegations connected to the Tiranga march or the leaders’ demands concerning the Special Intensive Revision of electoral rolls.