Two leaders of India’s Cockroach Janta Party (CJP) have challenged an October 19 order keeping them in jail for two more days. Saurav Das and Ashutosh Ranka asked the Delhi High Court for an urgent hearing, saying their continued detention violates their constitutional right to personal liberty.

The pair remain in Tihar Jail after an October 13 protest at Jantar Mantar in central Delhi. The dispute centres on why their custody continued after they submitted sureties—people offering guarantees of their future cooperation with authorities.

Rejected guarantees at the heart of the challenge

Special Executive Magistrate Ritu Raj extended their custody on October 19 after rejecting the sureties submitted on their behalf. Das and Ranka had initially been sent to five days of judicial custody on October 14.

In their petition, the leaders said the sureties met legal requirements and that additional people were available to provide guarantees. They said those people were not given an opportunity to present themselves.

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The petition also questions the rejection of sureties over reported differences between photographs attached to bond documents and photographs on Aadhaar identity cards. Their lawyers argue that extending detention in these circumstances was arbitrary and breached Article 21 of India’s Constitution.

The leaders also argue that the magistrate incorrectly used Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita, or BNSS, India’s criminal procedure law. As of October 21, the High Court had not decided their challenge or responded to their request for an urgent hearing.

From airport detention to a flag protest

According to their legal team, police first detained Das and Ranka on October 10 at Delhi’s Indira Gandhi International Airport. They were subsequently released after signing bonds of 50,000 rupees each.

On October 13, they went to Jantar Mantar carrying the national flag. The location had been removed from the list of designated protest sites the previous day.

Delhi Police said CJP members allegedly entered the restricted area despite barriers, and that 14 members were detained. Protesters called for Chief Election Commissioner Gyanesh Kumar to resign, amid demonstrations over changes to electoral rolls.

The leaders’ lawyers said Das and Ranka were shown as arrested on October 14 under Sections 126 and 170 of the BNSS. Their legal team said police later sought longer custody because they feared a breach of the peace.

Former judge questions the use of preventive custody

Former Delhi High Court judge S Muralidhar criticised the extension as an abuse of law. Speaking to Scroll, he said preventive powers concern the possibility of a future offence, rather than punishment for an offence already committed.

Das and Ranka argue that protesting at a location no longer designated for demonstrations is a regulatory issue. They say that alone does not establish a threat to public order.

CJP founder and convenor Abhijeet Dipke has meanwhile announced that the party will suspend protests until Diwali. He urged supporters to take a break and spend time with their families.