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Cockroach Janta Party leaders Saurav Das and Ashutosh Ranka on Tuesday moved the Delhi High Court challenging the Special Executive Magistrate’s order issued on Monday extending their custody by two days. The petition was filed in the afternoon through advocate Abhik Chimni.

In a post on X, she wrote, “We have moved the Delhi High Court and requested an urgent night hearing. Saurav and Ashutosh should not spend a single minute behind bars. Their liberty must not be curtailed because of political games.”

The move comes after a Special Executive Magistrate (SEM) on Monday extended the judicial custody of Das and Ranka by two days. The two, had been arrested for trespassing on the recently de-notified Jantar Mantar, and were initially remanded to a five-day judicial custody.

In a two-page order, seen by HT, the SEM said that they had “deliberately breached” their October 11 bonds and the grounds of apprehension suggested that the duo’s conduct “is not above board; rather it shows no respect for law and their habitualness in calling protest at de-notified areas”.

“Considering the imminent apprehension, past conduct of the respondent and the submissions advanced on both sides, I deem it fit that an opportunity be given to the respondents to file and place on record their submissions in writing within 2 days, with advance copy to the Investigating Officer,” the order said.

Delhi Police had also sought further custody of the duo, claiming their release could disrupt “peace and tranquility.” However, speaking to HT, advocate Abhik Chimni said there was no evidence to suggest that they posed a threat or that their release would disturb public order.

“The officer argued that the duo were members of CJP and had mobilised and allegedly enticed members of the public to assemble and stage a protest at Jantar Mantar, which had been de-notified as a designated protest site. It was also argued that the duo had previously obtained permission to hold protests on the assurance that they would strictly comply with the prescribed conditions. However, they allegedly failed to honour those assurances,” the Delhi Police submitted in court, according to the order.

The Cockroach Janta Party founder Abhijeet Dipke criticised the order and said that the two remained undeterred despite spending five days in jail, claiming they walked into court with smiles on their faces and their spirits unbroken.

"Ashu and Saurav’s first crime was waving the Tiranga at Jantar Mantar. Their second crime? Refusing to back down. Even after five days in jail, they walked into court with smiles on their faces, their spirits unbroken," Dipke said in a post on X.

"The great Vishwaguru Narendra Modi must be feeling very strong keeping 26-27-year-old Saurabh Das in jail and keeping 30-year-old Ashutosh behind bars. This is what strength looks like? Hiding behind the police, hiding behind the courts—is this Narendra Modi's strength?" he said.

Ratna Singh, head of legal affairs at CJP, called it an “an attempt to stifle dissenting voices”, alleging delay in taking up the case.

“A mockery was going on in the court. For the last 6 days, we have been saying that one or the other reason is being nitpicked ... They have been sent to judicial custody for a very vague reason,” she said outside the station.