Advocate Abhisht Hela has come into focus after representing leaders of the Cockroach Janta Party (CJP), who were detained amid a dispute with Delhi Police over access to Jantar Mantar, following the withdrawal of the venue’s designated protest status.
Hela represented CJP leaders Ashutoshand Ajinkya Shinde in the legal proceedings. While Das and Ranka were sent to five days of judicial custody by a Special Executive Magistrate (SEM) on Wednesday, October 14, Shinde was released on a personal bond.
Abhisht Hela is an advocate practising in Delhi. He is the founder of Hela & Associates Law Chambers.
He completed his school education under the ICSE and ISC boards before pursuing his higher studies at Dr. Ram Manohar Lohiya National Law University (RMLNLU) in Lucknow, Uttar Pradesh, where he earned a BA LL.B. (Hons.) degree, according to his LinkedIn profile.
Throughout his time at university, he was actively involved in practical legal training, participating in various internships and moot court competitions.
Hela is an experienced litigator practicing primarily before the Delhi High Court, as well as the Supreme Court of India and various district courts. His legal expertise spans over a decade, focusing heavily on public and constitutional law, criminal defense, civil disputes, and corporate arbitration.
Hela questioned the authority of the Special Executive Magistrate to remand the two leaders to judicial custody and challenged the grounds cited by Delhi Police for their detention.
“They have been sent to 5-day judicial custody because of the presumption of the Police that they can commit a crime. Police lied in Court that they had given a call urging people to come there. They had not given any call. They have not violated the bond. The separate complaint over Connaught Place has been misused here, and they have been sent to 5-day judicial custody,” ANI quoted him as saying.
The advocate said Delhi Police had argued that the activists had breached the conditions of their bonds and could repeat the alleged offence. He said the police had also referred to Section 163 and other legal provisions while seeking custody. Hela questioned why a separate complaint registered in Connaught Place was brought into the proceedings.
Explaining the legal challenge, Hela said his team had questioned the SEM’s jurisdiction to pass such orders, arguing that powers relating to judicial custody and other serious judicial measures rested with magistrates of the first or second class rather than a Special Executive Magistrate.
“Our argument was, first of all, we challenged their authority. Challenging the authority, we said that the powers to do all these things like JC or capital punishment, those powers lie with a Judicial Magistrate First Class, a Magistrate First Class, or a Magistrate Second Class. SCM is not an SC Magistrate, first or second class magistrate,” the advocate said.
He further alleged that preventive detention provisions were being used to curb dissent and said his team had cited several judicial judgments before the authorities in support of its arguments.
detained the CJP activists on Tuesday after they allegedly entered Jantar Mantar without authorisation while attempting to access the protest site. The action came a day after authorities withdrew the venue’s designated protest status.
CJP legal affairs head Ratna Singh had earlier alleged that the detained activists were denied access to their lawyers for several hours and were not initially informed about the grounds for their detention. She had also said they were likely to be produced before the appropriate magistrate.
Singh had credited Hela and his team, along with advocates Pushp Sharma and Abhijaat Bharadwaj, for their legal assistance in securing the release of Ajinkya Shinde and 11 other volunteers detained by Delhi Police.
The developments come amid an ongoing agitation by CJP and Opposition parties against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
The party has been demanding the CEC’s resignation, alleging irregularities in the voter-list revision exercise.
