Guwahati: Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka on Wednesday withdrew their plea before the Delhi High Court challenging their judicial custody after the court expressed reluctance to entertain the matter in view of an available alternative legal remedy.

Justice Subramonium Prasad, who heard the petition, allowed the withdrawal without expressing any opinion on the merits of the case. The court advised the two leaders to await the proceedings before the Special Executive Magistrate (SEM) on Wednesday and file an appeal if their grievance persisted.

The petition was taken up after Das and Ranka sought an urgent hearing during the High Court’s Dussehra break. They had challenged the SEM’s October 19 order extending their judicial custody by two days, until October 21.

Appearing for the petitioners, advocate Abhik Chimni argued that the order extending their custody was legally unsustainable. He contended that the SEM lacked jurisdiction to extend their custody and alleged that preventive proceedings were being used arbitrarily.

Chimni also questioned the rejection of the sureties, arguing that two additional sureties were available but had not been called for consideration. He said the SEM’s order cited discrepancies in photographs and difficulties verifying details relating to one of the petitioners.

The High Court questioned why the petitioners had approached it under Article 226 of the Constitution when an alternative legal remedy was available. It observed that an appellate or revisional court could examine the facts and merits of the order, while writ proceedings primarily concerned the decision-making process.

Chimni expressed concern that the sureties could again be rejected on fresh grounds, potentially requiring the petitioners to approach the High Court again. He also argued that the two leaders had already spent several days in custody while trying to furnish sureties.

The court referred to the petitioners’ earlier bond and the circumstances surrounding their return to Jantar Mantar after the site was denotified as a designated protest venue. It observed that the alleged breach of the bond and the possibility of further disturbance were relevant considerations in the preventive proceedings.

Das and Ranka were taken into custody on October 13 after allegedly climbing over a locked gate to enter Jantar Mantar, which had earlier been denotified as a designated protest site. They were initially remanded to five days of judicial custody.

Along with other CJP workers, the two leaders had displayed the national flag at the site and raised slogans against Chief Election Commissioner Gyanesh Kumar before being detained and placed under preventive arrest.

On Monday, a newly appointed SEM at Mandir Marg police station ordered their judicial remand until October 21 after they were produced before him.

According to Delhi Police, the protesters allegedly entered the denotified protest site through private premises and obstructed police personnel from discharging their official duties.

The CJP has alleged that the bail proceedings have been deliberately delayed to prevent the release of its two co-convenors.