BREAKING :Delhi Court Reserves Orders On Disha Ravi's Bail Plea; Asks Police About Evidence Linking 'Toolkit' To Jan 26 Violence

A Delhi Court on Saturday reserved orders on the regular bail application filed by 22-year old climate activist Disha Ravi, who was arrested by Delhi police from her Bangalore residence on February 13 in the case registered over the 'farmers protest toolkit' shared by global environmental activist Greta Thunberg.Additional Sessions Judge Dharmender Rana of Patiala House Courts put up the bail application for orders on Tuesday(February 23), after a 3-hour long hearing.The Additional Solicitor General, SV Raju, appearing for the Delhi Police, in essence submitted that Disha Ravi was in contact with pro-khalistani organizations 'Sikhs For Justice" and 'Poetic Justice Foundation', and created the 'toolkit' to incite hatred against India under the garb of farmers protest. The ASG submitted that Disha tried to delete the electronic records of her chats and documents, and this suggested a "prima facie guilty mind".During the hearing, the judge asked if there was any evidence linking the 'toolkit' to the January 26 violence."What exactly is the evidence collected by you against this lady connecting her to the violence perpetuated on Jan 26?Is there any evidence, or are we required to merely work on surmises, conjectures?", the judge asked.The judge also asked if an imputation can be made against a person merely on the basis of her association with another person or organization.The ASG replied that conspiracy is not something which can be "seen or touched" and it has to be gathered from the circumstances."The conspiracy is not that I knew a particular person and told them to commit violence, but that I created a document which I knew and intended to incite violence. The conspiracy is in the meeting of the minds", the ASG said."Should I presume there is no direct link now?", the judge asked in return. The ASG replied that police are still investigating.The judge also remarked during the hearing that he has a "bad habit" of not moving ahead until his judicial conscience is satisfied."I have a bad habit. I can't move ahead until I satisfy my judicial conscience".Advocate Siddharth Agarwal, appearing for Disha Ravi, said :"I am a girl 22 years of age, living in Bangalore, a graduate, whose history, geography, past, present or future, have nothing to do with Khalistan"."They have not indicated a single conversation between Sikhs For Justice and her. They don't even say that Sikhs For Justice organization is connected to Poetic Justice Foundation", Agarwal said.Agarwal: There is no mark on a person's face saying that they are a secessionist. It's a very nice English word, conspiracy. I've learnt it from Mr. Raju himself, "jiska koi nahi hota, uska conspiracy hota hain."#DishaRavi#Toolkit— Live Law (@LiveLawIndia) February 20, 2021 "FIR states that I have attacked chai and yoga. Is this the parameter for sedition?", Disha's lawyerAgarwal argued that Disha was merely organizing a peaceful protest and it cannot be brought under the offence of sedition under Section 124A IPC."If the offence is that I protested peacefully, I'm guilty! If the offence is that I advertised about this peaceful protest, I'm guilty. If this is the parameter, I'm definitely guiltyFor instance, if there is yoga. And I prefer kung fu over yoga. Will I become a Chinese spy? I'm not saying this. It's in their FIR. We're reducing the bar of someone having a different point of view. Their allegations in the FIR state that I have attacked chai and yoga. Is this the parameter for sedition?"Agarwal: Their allegations in the FIR state that I have attacked chai and yoga. Is this the parameter for sedition?#DishaRavi#Toolkit— Live Law (@LiveLawIndia) February 20, 2021 The toolkit does not create any "disaffection against India" and cannot be regarded as seditious."The upshot of 124A is an utterance or communication. If the communication here is of the Toolkit, there is no disaffection in the Toolkit. Neither on a plain reading, nor on a reading through the ASG's eyes. Their case is not that the Toolkit is seditious but that these persons are bad",, Agarwal continued.Mentioning that Section 124A even provides for a punishment of only a simple fine, Agarwal submitted :"I am not saying that I should be exonerated on this basis, but kindly consider that at the end of the day, there is a possibility that I may get away with merely a fine".Agarwal also attacked the Prosecution submission that Disha's custody was required to ascertain if she had more mobile phones or laptops."I am extremely surprised, they are saying there could be more mobiles, more laptops.. in my 5 days worth of policy custody, I was not even taken to Bangalore, no raid was conducted.My case is, were they sleeping while I was in custody?" Pointing out that the co-accused Advocate Nikita Jacob and Shantanu Muluk have been granted transit anticipatory bail by the Bombay High Court, Agarwal undertook that his client will also appear before the police for investigation as and when called for, if...

BREAKING :Delhi Court Reserves Orders On Disha Ravi's Bail Plea; Asks Police About Evidence Linking 'Toolkit' To Jan 26 Violence

Shreya Agarwal

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