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A Single-judge Bench of Justice PD Naik heard the transit anticipatory bail application filed by Advocate/activist Nikita Jacob and reserved orders for tomorrow, reported LiveLaw. Senior Advocate Mihir Desai appeared for Jacob and Advocate Hiten Venegoankar represented the Delhi police.
Venegoankar also submitted that until the pronouncement, no coercive action will be taken against Nikita. He told the court, “No prudent officer will arrest in the interim” and Senior Counsel Desai remarked, “We will rely on their prudence”.
Hiten Venegoankar, reportedly raised preliminary objections to the maintainability of the application contending that no cause of action has arisen within the jurisdiction of Bombay High Court and mere apprehension of arrest cannot be a ground to entertain Jacob’s application.
According to LiveLaw, Senior Advocate Mihir Desai submitted that there are precedents holding that the liberty of an individual cannot be curtailed due to territorial restrictions. He submitted 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 farmers’ protest. He said,
“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”.
As Nikita Jacob’s hearing was underway, the Aurangabad Bench of the Bombay High Court granted 10 days transit anticipatory bail to Shantanu Muluk, an engineer/activist involved in the alleged seditious toolkit created to cause unrest and disaffection towards the Government. The order was passed by Justice Vibha Kankanwadi, reported Bar and Bench.
As per the Delhi Police, Disha Ravi, Nikita Jacob, Shantanu Muluk and few unidentified persons were 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.
Disha Ravi, who was sent to police custody for five days on February 14, had moved a Delhi Court seeking a copy of the FIR against her and remand application, according to Bar & Bench. Chief Metropolitan Magistrate Dr. Pankaj Sharma of the Patiala House Court admitted her plea and also allowed her access to warm clothes and books.
She has also been permitted to speak to her family for fifteen minutes and lawyer for thirty minutes everyday till her remand period ends.
Related:
Toolkit case: Delhi Police issues warrant against activists Nikita Jacob and Shantanu
Know your rights: Disha Ravi’s arrest & the Delhi police witch-hunt
FIR against unknown ‘toolkit’ makers, not Greta Thunberg: Delhi Police