New Delhi: Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka have withdrawn their plea challenging SEM order extending their judicial custody on Wednesday (October 21) after an urgent plea was heard in the Delhi high court against their judicial custody, reported Bar and Bench.The decision was taken after the high court’s suggestion. The court also made clear that it has not made any opinion on merits of the case.Hearing the writ petition, the bench of Justice Subramonium Prasad said, “Suppose things happen today in your favour at 4 PM, all gone. If not, revision tomorrow or 226 tomorrow. Are you not firing your gun today when it might not be required in law? You can take a step back. Come back in 2 mins.”“We must debate when it is necessary. Today there is no need to debate for people’s ears,” he said, urging them to first approach the revisional court before moving the high court.Advocate Abhik Chimni, representing the Ranka and Das, argued that it was not sustainable. He told the court, “My most basic argument is preventive custody cannot be applied in arbitrary manner.”He further insisted that the October 19 order was fundamentally bad because the SEM court did not even have the jurisdiction to extend custody. He also read the SEM order stating that there was a mismatch in photographs and details about Das’ parentage etc.However, following the court’s repeated suggestion, Chimni said they will take a decision on the further course of action after hearing before the SEM court today.Also read: Can the Police Judge Its Own Case? Why Saurav Das and Ashutosh Ranka’s Imprisonment Defies Basic Legal PrincipleRanka and Das have been in judicial custody since October 14. Their judicial custody is supposed to end on Wednesday and they are to be presented before a Special Executive Magistrate (SEM) later today.On Tuesday, the CJP had approached the Delhi high court for listing its petition seeking the release of Das and Ranka from judicial custody on October 21 (Wednesday).A Special Executive Magistrate (SEM) in Delhi had extended Das and Ranka’s custody on Monday – the day the initial five-day custody period was to end.The petition filed on their behalf argues that both leaders are being kept in prolonged detention despite having submitted sureties, that the powers exercised by the SEM were “arbitrary” and that they were not “afforded the opportunity” to present the sureties they had ready.