‘Is Waving National Flag a Crime?’: Arvind Kejriwal Questions Judicial Custody of CJP Leaders
Aam Aadmi Party (AAP) national convenor Arvind Kejriwal on October 14, 2026, criticised the police action against Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka, asking whether waving the national flag in India had become a crime. The two leaders were sent to five days of judicial custody and lodged in Tihar Jail after allegedly entering the recently denotified Jantar Mantar protest area without permission. Delhi Police cited alleged violations of peace bonds, trespass and attempts to disturb public order. The incident has triggered fresh political debate over the right to protest and restrictions on demonstrations in the capital.
Written by
Banashree Dutta

Kejriwal Questions Police Action Against CJP Leaders
Aam Aadmi Party national convenor Arvind Kejriwal on Wednesday questioned the decision to send Cockroach Janta Party leaders Saurav Das and Ashutosh Ranka to judicial custody following their protest at Jantar Mantar in New Delhi.
Reacting to the development in a post on social media platform X, Kejriwal asked whether waving the national flag in one’s own country could be treated as a crime. He described the police action as “absolutely ridiculous” and criticised the detention of the two activists.
The remarks came after Das, the CJP’s chief spokesperson, and Ranka, its national spokesperson, were sent to five days of judicial custody and lodged in Tihar Jail. Their detention followed a demonstration on Tuesday in which CJP members unfurled the Tricolour and raised slogans demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
The protest was linked to allegations of irregularities in the Special Intensive Revision (SIR) of electoral rolls. The CJP has demanded accountability from the Election Commission over the process. <Cite refs={["turn281465news1","turn281465news12"]}/>
Why Were Saurav Das and Ashutosh Ranka Sent to Jail?
According to Delhi Police, the two CJP leaders allegedly entered the Jantar Mantar area despite restrictions after the site was recently denotified as an authorised protest location. Police alleged that the group entered through a narrow lane behind a political party office and crossed a locked gate to reach the site.
Police further alleged that the activists had violated peace bonds and obstructed officers from carrying out their duties. Authorities said preventive action was taken because of concerns about repeated attempts to disturb public peace and the possibility of further violations.
The two leaders were produced before a Special Executive Magistrate at Mandir Marg on Wednesday and remanded to five days of judicial custody. Their associate Ajinkya Shinde was reportedly bound over to maintain peace and good behaviour for six months and released on a personal bond with a surety of ₹5,000.
The police allegations form the stated basis for the action. The judicial custody order does not, by itself, establish guilt in relation to all allegations surrounding the protest. <Cite refs={["turn281465search9","turn281465search10","turn281465news1"]}/>
Protest Over Chief Election Commissioner Gyanesh Kumar
The CJP demonstration was organised to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities associated with the Special Intensive Revision of electoral rolls.
Opposition parties and activists have raised concerns about voter-list revisions, including the risk that eligible voters could be wrongly excluded. The Election Commission’s role in managing electoral rolls has consequently become a point of political dispute.
The CJP members’ decision to unfurl the national flag and raise slogans at Jantar Mantar brought the controversy into sharper focus. While Kejriwal framed the police action as an excessive response to a patriotic gesture, Delhi Police cited the alleged violation of restrictions on entry and protest activity.
The distinction between the act of displaying the national flag and the circumstances of a demonstration is important. The police action, according to official accounts, concerned alleged trespass, restrictions and public-order issues rather than simply the possession of the national flag. <Cite refs={["turn281465news1","turn281465news12"]}/>
Jantar Mantar Restrictions Renew Debate Over Right to Protest
The detention has renewed discussion about the right to peaceful assembly and the rules governing public demonstrations in Delhi.
Jantar Mantar has historically served as a venue for political protests, public campaigns and demonstrations. However, its recent removal from the list of designated protest sites has raised questions among activists and opposition leaders about where citizens can assemble to express dissent.
The CJP’s protest took place despite the restrictions, according to police accounts. Authorities have maintained that the action was prompted by alleged violations and concerns about public order.
The wider issue involves balancing the right to peaceful protest with lawful restrictions intended to maintain public safety. Whether police action in a particular case is justified depends on the applicable orders, the evidence and the circumstances of the incident. <Cite refs={["turn281465news12","turn281465search9"]}/>
Opposition Leaders Extend Support to CJP Activists
Kejriwal was among several opposition leaders who criticised the custody of Das and Ranka. Congress leader Rahul Gandhi also condemned the action and said Jantar Mantar belonged to the people of India, expressing his intention to continue the campaign to reclaim the protest space.
DMK president and Tamil Nadu Chief Minister M. K. Stalin also expressed solidarity with the detained activists and offered legal support, according to reports.
These reactions have widened the controversy beyond the CJP itself, turning the arrests into a broader political debate about civil liberties, public demonstrations and the treatment of young activists.
The opposition leaders’ criticism reflects their interpretation of the incident. The police, meanwhile, have maintained that the arrests followed alleged breaches of restrictions and concerns about public peace. <Cite refs={["turn281465news13","turn281465search11"]}/>
What Happens Next?
The five-day judicial custody order places Das and Ranka in Tihar Jail while the matter proceeds through the relevant legal process. The case has also drawn attention to the preventive provisions used by police when they believe further disturbances may occur.
The legal questions surrounding the incident include the validity of the restrictions at Jantar Mantar, the alleged manner in which the activists entered the site, and whether the police action complied with the applicable law.
Further developments will depend on the proceedings and any subsequent decisions by the competent authorities or courts.
Conclusion
Arvind Kejriwal’s question—whether waving the national flag is a crime—has added to the political debate following the judicial custody of CJP leaders Saurav Das and Ashutosh Ranka. The two were sent to Tihar Jail for five days after a demonstration at Jantar Mantar, where police allege they violated restrictions and attempted to enter the area without permission.
The controversy highlights the tension between the right to peaceful protest and the enforcement of public-order rules. The circumstances of the arrests and the legality of the actions taken will need to be assessed through the relevant legal process.
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