Their release came after a day of contrasting legal developments. The Delhi High Court declined to grant relief on their challenge to the extension of their judicial custody. They subsequently withdrew the petition and appeared before the SEM court, which ordered their release after they submitted a written apology and an affidavit. The investigation will continue in accordance with the law. The duo and their assurers for securities have been directed to appear before the court at 3 pm on October 23.
The proceedings before the SEM lasted around 90 minutes, marking the duo's third appearance before the court after two earlier unsuccessful attempts to secure their release.
The duo assured the court in their affidavit that they would not enter Jantar Mantar or call for protests there for as long as it remains de-notified as a designated protest site.
After his release, Das said, "Truth has triumphed."
CJP national secretary Aafreen Nawaz said the two leaders had shown resilience during a difficult period. "The two leaders have set an example of how to be resilient in times of difficulties. They always had hope in democracy, and ultimately, amid all the false allegations, today they are released," she said.
CJP legal head Ratna Singh welcomed the decision but said it should have come earlier. "We welcome this decision. I think this should have come much earlier, but it is still not too late," she said.
On the high court's observations, Ratna said they were the court's opinion and did not warrant further comment. She said CJP lawyers had argued that there had been no call for any further protest and that custody could not be extended merely on the assumption of a future protest. The police, however, had sought five days' judicial custody citing an "imminent threat".
Das and Ranka had first been apprehended at an airport on October 10, ahead of announced protests in Delhi, and were subjected to preventive proceedings under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita. They were released on October 11 after furnishing peace bonds of Rs 50,000 each.
They were apprehended again on October 13 on the allegation that they had breached those bonds by attempting to stage a protest at Jantar Mantar. The following day, Executive Magistrate Mahesh Kumar Meena remanded them to five days' judicial custody. On October 19, SEM Ritu Raj extended their custody by two days, observing that the respondents had deliberately breached their bonds and immediately committed a breach of peace.
On Wednesday, the duo moved the high court for an urgent hearing against the custody extension. The court, however, expressed reluctance to entertain the petition in view of the availability of an alternative remedy, following which the duo withdrew it.
During the hearing, the high court highlighted the potential consequences of breaching barricades during protests. "You are at the forefront (of the protest). When you break barricades, there are chances that more people may follow. There might be persons who may not be under your control," it observed.
Referring to protests abroad, the court said it had seen instances where student protests escalated into arson and the burning of buildings.
An advocate, appearing for the petitioners, argued that they ought to be released on a personal bond as the SEM had no jurisdiction to extend their judicial custody. He further argued that the SEM’s insistence on a surety was not sustainable in law.
Justice Prasad, however, observed that the petitioners allegedly violated a bond tendered by them for maintaining tranquillity by entering a de-notified protest site, and questioned whether the authorities were not entitled to seek a “stricter" surety in a “repeat case".
On being informed that Das and Ranka were 27 and 31 years old, respectively, the court remarked, “That means you are not Gen Z." “They are an inspiration," their lawyer responded.
Later, the SEM ordered their release after taking their undertakings on record and directing them to furnish personal and surety bonds of Rs 50,000 each. (With inputs from PTI)
HC to hear Neha Bora's plea against 'peace' bond
The Delhi High Court will hear on October 22 All India Students’ Association president Neha Bora's plea challenging a Delhi Police notice directing her to execute a "peace" bond before a Special Executive Magistrate. Justice Subramonium Prasad deferred the hearing at Neha's counsel's request, after the student leader sought an urgent hearing during the Dasehra vacation. Issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, the notice asked Neha to appear before the SEM and explain why she should not execute a Rs 10,000 personal bond with one surety to "keep peace for a period of enquiry".