Delhi court protects Shantanu Muluk from arrest in Toolkit case

The court has adjourned the matter in connection with the toolkit FIR against Muluk to March 9

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The Delhi Sessions Judge Dharmender Rana has directed the State to not take any coercive action against engineer/activist Shantanu Muluk in the toolkit FIR case, reported LiveLaw. Advocate Vrinda Grover along with Advocate Sarim Naved appeared on behalf of the co accused Shantanu Muluk.

The court has also adjourned the matter to March 9 for hearing the arguments at length. Additional Public Prosecutor, appearing for the State, submitted that there was a need for Shantanu to be present for the purposes of interrogation for 7 more days so as to question him in detail. It also contended that 7 days was required to file a detailed and comprehensive reply in the matter.

But Vrinda Grover argued that Muluk has already been very cooperative and has been present wherever the Delhi Police has summoned him in the past. The District Judge heard the submissions and decided to adjourn the matter. LiveLaw quoted him saying, “Learned APP submits that the State needs at least 7 more days to file a detailed reply in the matter. Meanwhile the IO is not inclined to take any coercive action against the accused. Considering the submissions of both the parties, matter has been adjourned. To come up for arguments on March 9, 2021. Meanwhile no coercive action to be taken against the accused.”

On February 23, Shantanu had moved the Delhi court for anticipatory bail, as reported by Bar & Bench. On February 16, the Aurangabad Bench of the Bombay High Court had granted him 10 days transit anticipatory bail in the same matter.

After arresting Disha Ravi from Bangalore on February 14, the Delhi police had issued warrants against Shantanu Muluk and lawyer Nikita Jacob who were allegedly in direct interaction with pro-Khalistan elements and worked closely with other creators of the toolkit/document in order to amplify the farmer’s protests.

It is noteworthy that the same district judge recently granted bail to Disha Ravi noting that there is nothing seditious about the impugned toolkit and the contents of it does not call for any kind of violence. The court also rejected the State’s allegations that the accused persons were editors of a toolkit that was created to spread unrest in the national capital on Republic Day.

The district court’s Judge Rana opined, “The perusal of the said toolkit shows that any call for any kind of violence is conspicuously absent. In my considered opinion creation of a WhatsApp group or being editor of an innocuous Toolkit is not an offence…Further, it is rightly pointed out by Ld. Defence Counsel that the protest march was duly permitted by the Delhi police therefore there is nothing wrong in co-­accused Shantanu reaching Delhi to attend the protest march.”

Related:

Scanty and sketchy evidence: Delhi court grants Disha Ravi bail
Nikita Jacob’s pre arrest bail order reserved, Shantanu Muluk gets transit bail
Toolkit case: Delhi Police issues warrant against activists Nikita Jacob and Shantanu

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