The petition claimed that the two leaders had remained in custody for six days despite submitting the required sureties multiple times.
It further alleged that the mandatory procedure under Section 140 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was not followed while rejecting the sureties.
The plea also challenged the magistrate’s exercise of powers under Section 135(3) of the BNSS to extend their judicial custody. It argued that the basis for continued detention — failure to execute a bond — was no longer valid because the sureties submitted on 19 October allegedly complied with the law.
The petition also contended that restricting the leaders’ liberty on grounds of public order required a direct and demonstrable connection with an actual disturbance, rather than a remote possibility.
It argued that holding a protest at a denotified site was, at most, a matter of regulation and did not automatically constitute a threat to public order.
On 13 October, Das and Ranka, along with other CJP workers, displayed the national flag at Jantar Mantar and raised slogans against Chief Election Commissioner Gyanesh Kumar before being detained and placed under preventive arrest.
A special executive magistrate had initially remanded the two leaders to five days of judicial custody on 14 October.
Their associate Ajinkya Shinde was bound down to maintain peace and good behaviour for six months and released on a personal bond and a surety of Rs 5,000.
Delhi Police has alleged that the protesters entered the denotified site by trespassing through private premises and obstructed police personnel from discharging their official duties.
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