A Delhi Special Executive Magistrate observed that CJP activists Saurav Das and Ashutosh Ranka show no respect for law and could breach public peace, citing their history of calling protests at de-notified sites.
Delhi Court Warns CJP Activists Over Public Order
Special Executive Magistrate (SEM) Ritu Raj observed that Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka demonstrate habitual disregard for legal norms and pose a credible threat to public peace and tranquillity. The court expressed skepticism over their assurances of lawful conduct, citing a pattern of repeated conduct undermining public order.
The order stems from the activists’ alleged repeated attempts to hold protests at de-notified locations—places officially declared off-limits for public assemblies. The court highlighted that their conduct falls within the ambit of preventive action under Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which empowers magistrates to demand security for keeping the peace from individuals likely to disturb public order.
Habitual Conduct and Preventive Law
"Their assurance that they would not repeat the alleged conduct did not inspire confidence in light of their previous actions,"the SEM noted, emphasizing the concept of 'habitualness' in determining the risk of future breaches. This aligns with established preventive jurisprudence where past conduct is a valid basis for anticipatory action.
Legal experts say the ruling reinforces the discretionary powers of magistrates under BNSS Section 107, particularly in urban settings where unregulated assemblies can quickly escalate into law and order crises. For practitioners, the case underscores the importance of documenting patterns of conduct when seeking or resisting preventive detention or security orders.
Citations
- Section 107, Bharatiya Nagarik Suraksha Sanhita, 2023
