The story so far: A Special Executive Magistrate (SEM) court in Delhi accepted the sureties and granted bail to Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka on Wednesday (October 21, 2026).
The police initiated a preventive proceeding against the CJP activists, alleging that they had breached peace bonds that they had signed. Despite the Delhi Police seeking a three-day extension of custody on law-and-order grounds, Assistant Commissioner of Police Ritu Raj, who presided over the proceedings, ordered their release. CJP activists had challenged the legality of their continued detention. The case has brought into focus the roles and powers of SEMs and their differences from judicial magistrates and their authority to impose preventive measures. This is a police power, not exclusively that of SEMs. In case of a breach of a peace bond, the Magistrate may order that the person be arrested or detained for the remaining period of the bond. For that, the State government determines the number and location of these courts. Presiding officers are also appointed by the High Court. SEMs are limited to administrative functions and cannot conduct criminal trials or convict people through these proceedings. They are also authorised to release or grant police or judicial remand.
Preventive arrest can be made by police officers when necessary to prevent the commission of a cognisable offence that cannot otherwise be prevented, according to Section 170 of the BNSS. SEM extended their custody on Oct 19, citing concerns about public peace. This is dealt with under section 141(1)b. It provides for the establishment of courts of Judicial magistrates of the first and second classes, according to section 9 of the BNSS.
Their order can also be challenged before the appropriate court or authority depending on the nature of the order and remedy available. Later on Wednesday, their sureties were accepted, and they were released on an undertaking not to call for protests at Jantar Mantar while it remained a denotified protest site.
