Lawyer activist Nikita Jacob has been granted three weeks of transit anticipatory bail by the Single-judge Bench of Justice PD Naik at the Bombay High Court, reported Bar & Bench. Her bail application was reserved for orders on February 16.
The court recorded the applicant Nikita Jacob’s submission that she has no religious, political and financial intention to incite violence. The Single-judge Bench also observed that her house was raided by the Police and search and seizure was conducted on February 11. In light of this, the high court observed that she has made herself available for investigation.
Further, Justice Naik admitted Jacob’s apprehension of arrest and that she was fortified by the fact that a non-bailable warrant was issued by the Delhi police. The court then referred to precedents where the alleged accused persons have been granted transit bail by one State despite a warrant having been issued in another State.
The court also considered the facts and circumstances of the case where the investigation is being undertaken by the Delhi Police against Nikita Jacob who is indisputably a resident of Mumbai. Accordingly, she was granted protection for three weeks from February 17 and in the event of arrest, she has been directed to furnish a personal bond of rupees twenty-five thousand, reported Bar & Bench.
Senior Advocate Mihir Desai (appearing for Nikita) had submitted that there are precedents holding that the liberty of an individual cannot be curtailed due to territorial restrictions. He contended that the tool kit does not mention anything about violence, or taking over of the Red Fort, and it just was a document created to coordinate the farmers’ protest. He argued in court, “The tool kit only says you should support the farmers. There is not a word of violence. Section 124A of the IPC cannot be invoked as per Kedarnath’s judgement…This young lawyer, an activist for farmers protest with no connection with Khalistan, now apprehends her arrest for sedition! So, she filed transit bail.”
Yesterday on February 16, activist and co accused in the case, Shantanu Muluk was granted 10 days transit anticipatory bail by Justice Vibha Kankanwadi (Aurangabad Bench) of the Bombay High Court.
The Delhi Police has issued non bailable warrants against the two activists in the toolkit case that was allegedly created by pro Khalistani elements to amplify the farmers’ protest. According to a LiveLaw report, the police claims that the toolkit contains a section that mentions, “digital strike-through hashtags on or before January 26, tweetstorms on January 23 onwards, physical action on January 26 and watch-out or join farmers march into Delhi and back to borders”.