Former Delhi HC Justice warns that executive magistrate powers threaten civil liberties

On October 13, Delhi Police detained Cockroach Janta Party co-convenors Ashutosh Ranka and Saurav Das for a flag protest at Jantar Mantar, then placed them in Tihar Jail after an executive magistrate ordered them to sign peace bonds. The magistrate later extended their judicial custody for two additional days, despite a 2018 ruling by Justice S Muralidhar that such extensions cannot exceed seven days without a first one outlet's report.

Muralidhar told Scroll that the executive magistrate combines the roles of complainant, judge and executioner, violating constitutional safeguards. He urged the Delhi High Court, set to hear the case, to invalidate Section 126 of the Bharatiya Nagarik Suraksha Sanhita, which he says perpetuates colonial-era preventive arrest powers. The incident reflects a pattern of misuse of executive magistrate authority nationwide, raising questions about the balance between security and fundamental freedoms.