CJP legal head
Ratna Singh
says, "I think SEM (Special Executive Magistrate) courts should be abolished because the system is compromised. They have rejected the sureties. Advocates have pointed out that the verification process for a surety cannot be a valid ground for remanding someone to judicial custody. There is no apprehension, no threat, and there was no call to action from our side, yet they were still sent to two days of judicial custody. The authorities show no regard for personal liberty or an individual's past record; they simply seek an excuse, and we have just witnessed the kind of excuse they have offered today. I feel that while this entire system is designed to crush us, it will not succeed. The youth of this country is watching. They see how those in power are misusing the law to suppress voices, stifle these young people and prevent them from coming together to raise their concerns. I believe the authorities fail to realise that all of this is only making these individuals stronger and more powerful. They will eventually push back, and the government will be forced to provide an answer."Abhik Chimni, representing Ashutosh Ranka and Saurav Das, says, "We are very disappointed. This is a matter of preventive custody and it is also a matter of fact that the Court itself said that they don't deem it necessary for the person to be sent to judicial custody. That is why they asked for the surety; once the sureties were given, they originally had a problem with it. Then there was an issue with the next surety too. Law says - release them first and then see the verification, surety and so on. Today, they produced another surety and all details required. One of the reasons they gave in the order is that one of the photos is not matching. Then they said that there is an apprehension...It is very disturbing, we will see what to do."
Questions :-
Is Delhi SEM order of extending the judicial custody of CJP leaders Saurav Das and Ashutosh Ranka till Oct.21 reasonable ?
Using minor technicalities like "surety mismatches" to extend the judicial custody of peaceful protestors is not subversion of established legal process ?
Violation of Nemo Judex In Causa Sua' principle or not; SEM means Special Executive Magistrate. In Delhi it is ordinarily an ACP-rank Delhi Police officer authorised under the Delhi Police Act to exercise executive magisterial powers for preventive custody and peace bonds under BNSS. In the police hierarchy ACP sits below DCP / Addl. DCP, then Addl. CP, Joint CP, Special CP, with the Commissioner of Police at the top.
