The development followed the High Court’s decision to entertain urgent petitions concerning the two activists and All India Students’ Association president Neha Bora, who separately challenged a police notice requiring her to explain why she should furnish a Rs 10,000 peace bond.
Justice Subramonium Prasad heard Das and Ranka’s petition during the court’s Dussehra vacation but suggested they first pursue the matter before the Special Executive Magistrate, who was due to reconsider the sureties offered for their release.
Their lawyer, Abhik Chimni, subsequently withdrew the High Court petition. Later on Wednesday, the magistrate accepted their sureties and directed their release, ending seven days in judicial custody following a confrontation over access to the Jantar Mantar protest site.
The magistrate’s decision followed a police request to extend their detention by another three days. The two activists had been held since October 14, with their original five-day remand extended by two days on October 19.
The release did not terminate the preventive proceedings. Das and Ranka were directed to appear again before the magistrate on October 23, while the inquiry into their alleged breach of peace conditions remained pending.
Bora’s separate petition was adjourned until Thursday morning after Chimni told the High Court that he needed to attend the magistrate’s proceedings involving Das and Ranka. Her challenge therefore remained unresolved at the end of Wednesday’s hearings.
The AISA president is contesting a notice dated October 17, issued under Section 126 of the Bharatiya Nagarik Suraksha Sanhita. It required her to appear before the magistrate on October 19 and explain why she should not execute a personal bond of Rs 10,000, backed by one surety, to maintain peace during the inquiry.
Bora was detained on October 16 while travelling to a gathering at Mandi House and released the following morning. She has alleged that police took her to an undisclosed location before holding her overnight at RK Puram police station.
Her petition argues that the preventive proceedings interfere with constitutionally protected speech, assembly and personal liberty. Those allegations have not been determined by the High Court.
The notice refers to alleged sloganeering at Mandi House, participation in protests near Jantar Mantar despite prohibitory restrictions and encouragement of a demonstration at Connaught Place. The police contend that the circumstances warranted preventive action to avert a disturbance of public order.
Section 126 permits an executive magistrate to initiate proceedings where information suggests that a person may breach the peace or disturb public tranquillity. The notice begins a process in which the person concerned can contest the grounds and the proposed bond.
Das and Ranka’s case arose from an October 13 protest at Jantar Mantar, where police accused demonstrators of crossing barricades and entering an area no longer designated for protests. The activists had sought to display the national flag and raise slogans against Chief Election Commissioner Gyanesh Kumar.
Police maintained that the activists had breached peace bonds executed earlier in October. The magistrate’s October 19 order expressed concern that they might again defy restrictions, while their counsel disputed the continued detention and challenged the rejection of proposed sureties.
During Wednesday’s High Court hearing, Justice Prasad questioned the circumstances of the alleged breach and indicated that the magistrate should first examine the fresh surety arrangements. The court did not decide the underlying legality of the preventive action after the petition was withdrawn.
The earlier magistrate’s order had cited discrepancies involving identification documents submitted by sureties and questioned whether they could ensure the activists’ attendance. Defence counsel maintained that the detention should not continue merely because the authorities found the proposed guarantees inadequate.
The proceedings concerning Bora and the two CJP activists arose from separate police actions, although both were connected to demonstrations challenging the Chief Election Commissioner. Their petitions raised distinct questions: the basis for initiating preventive bond proceedings against Bora and the continued custody of Das and Ranka after their sureties were rejected.
The next magistrate hearing for Das and Ranka is scheduled for Friday afternoon, when they and their sureties have been directed to attend. The court has not yet issued a final determination on the underlying allegations.
