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.”

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Additional Sessions Judge Dharmender Rana has granted bail to 22-year-old climate activist Disha Ravi and directed her to furnish a personal bond of rupees one lakh with two sureties each.  

“Considering the scanty and sketchy evidence on record, I do not find any palpable reason to deny bail”, ASJ Rana reportedly said, while also noting that Disha Ravi has “blemish free criminal antecedents”. 

The Delhi police had lodged an FIR against Ravi and two others in connection with a toolkit that was allegedly created by pro-Khalistan groups to support the farmers’ protests and defame India as a part of a larger conspiracy. Disha was booked for serious offences of sedition, criminal conspiracy and promoting enmity between groups.

The judgment recorded that even the Additional Solicitor General, appearing for the State, had no evidence to prove that the toolkit was directly related to the Republic Day violence. The judgment further observed the conduct of Disha Ravi and stated:

“..there is nothing on record to suggest that there was any call, incitement, instigation or exhortation on the part of the applicant/accused and the abovesaid organizations (Poetic Justice Foundation PFJ) and its associates to foment violence on 26.01.2021. In my considered opinion, it is not mere engagement with persons of dubious credentials which is indictable rather it is the purpose of engagement which is relevant for the purpose of deciding culpability”.

On the issue of Sikhs For Justice, a banned organisation that had issued an open communication that a reward of USD 250,000 will be declared for anybody who hoists a Khalistan flag at India Gate, the court noted that, “There is absolutely no link established on record between the applicant and the said banned organisation”.

Toolkit

The court considered the contents of the Toolkit, including the zoom sessions to ask questions about the protests, “Digital Strike’, signing online petitions, etc. He concluded, “The perusal of the said toolkit that any call for any kind of violence is conspicuously absent. In my considered opinion, Citizens are conscience keepers of the government in any democratic nation. They cannot be put behind bars simply because they choose to disagree with state policies”.

It is claimed that the applicant/accused created a WhatsApp group by the name of “International farmers strike” and added certain persons in the group. It was further submitted that she deleted the group chat from her phone in an attempt to destroy the crucial evidence linking her with the toolkit and PFJ. She is alleged to be one of the editors of the toolkit. To this, the court said:

“In my considered opinion creation of a WhatsApp group or being editor of an innocuous Toolkit is not an offence. Further, since the link with the said toolkit or PJF has not been found to be objectionable, mere deletion of the WhatsApp chat to destroy the evidence linking her with the toolkit and PJF also becomes meaningless. 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. Still further, the attempt to conceal her identity seems to be nothing more than an anxious effort to stay away from unnecessary controversies”.

On sedition charges

The Sessions Court also made some scathing remarks on invoking sedition against people on shaky grounds. He said, “The offence of sedition cannot be invoked to minister to the wounded vanity of the governments”. The Bench further added, “Difference of opinion, disagreement, divergence, dissent, or for that matter, even disapprobation, are recognised legitimate tools to infuse objectivity in state policies. An aware and assertive citizenry, in contradistinction with an indifferent or docile citizenry, is indisputably a sign of a healthy and vibrant democracy. This 5000-year-old civilization of ours has never been averse to ideas from varied quarters. The following couplet in Rig Veda embodies our cultural ethos expressing our respect for divergent opinions”.

The right to dissent is firmly enshrined under Article 19 of the Constitution of India. In my considered opinion, the freedom of speech and expression included the right to seek a global audience. There are no geographical barriers on communication. A citizen has the fundamental right to use the best means of imparting and receiving communication, as long as the same is permissible under the four concerns of law and as such have access to audience abroad”.

Observing this, the judge perused some of the hyperlinks by the name “Genocide.org” and “askindiawhy.com” in the toolkit and held that there was no “objectionable material” on the said websites.  

Lack of evidence

The court held that there is no evidence on record to prove that Ravi subscribed to any “secessionist idea” and the prosecution failed to point as to how Ravi “gave global audience to the secessionist elements”.

The judgment also said, “No evidence has been brought to my notice to support the contention that any violence took place at any of the Indian embassies pursuant to the sinister designs of the applicant/accused and her co-conspirators”. Another important excerpt from the judgment read:

“I am conscious of the fact that it is very difficult to collect evidence for the offence of conspiracy but I’m equally conscious of the fact that what is difficult to prove for the prosecution in the affirmative is virtually impossible for the defence to prove in the negative. I’m also conscious of the fact that the investigation is at nascent stage and police is in the process of collecting more evidence, however, the investigating agency made a conscious choice to arrest the applicant accused upon the strength of material so far collected and now they cannot be permitted to further restrict the liberty of a citizen on the basis of propitious anticipations”.

Need for police custody

ASJ Rana observed that the State had opposed her bail plea and argued that they needed to confront her with other co accused- Nikita Jacob and Shantanu Muluk to understand the alleged larger conspiracy behind the Republic Day violence.

But the court agreed with the submissions made by Disha Ravi’s counsel who said that if the other co accused persons, who are on anticipatory bail, can be confronted with Ravi in custody, “then there is no rule of law or prudence, at least that I am aware of, that a person if mandatorily required to be detained in custody to be confronted with other co accused persons”.

As she has already been in custody since February 14, ASJ Rana held that it would neither be “logical nor legal” to keep her liberty restrained in jail.

After three long hours of hearing on February 20, the Sessions Court had reserved orders on Disha Ravi’s bail plea.

The judgment may be read here: 

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Additional Sessions Judge Dharmender Rana of Patiala House Courts put up the bail application of 21-year-old climate activist Disha Ravi, for orders on February 23, reported LiveLaw. The Additional Solicitor General, SV Raju, appeared for the Delhi Police and Advocate Siddharth Agarwal represented Disha Ravi.

The ASG SV Raju, opposed her bail plea and submitted that Disha Ravi was in contact with pro-Khalistani organisations “Sikhs For Justice” and “Poetic Justice Foundation”, and created a toolkit to incite hatred against India by supporting the farmers’ protest. The ASG said that Disha tried to delete the electronic records of her chats and documents, and this suggested a “prima facie guilty mind”.

ASJ Rana asked SV Raju if there was any evidence on record to link the January 26 violence with the toolkit in question. He asked, “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?”, tweeted LiveLaw.

To this, ASG responded that the conspiracy is not something which can be “seen or touched” and it has to be gathered from the circumstances. He reportedly said, “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”.

When the judge asked him if she should assume at this stage that there is no direct link between the two, SV Raju submitted that the police are investigating this issue. He also mentioned that the toolkit has been “very cleverly designed”, with mentions of Kashmir and material which has nothing to do with Farmers’ protests. “It talks about the cutting off of the internet in Kashmir, the crushing of Kashmir’s right to self-determination by Indian Army,” he said.

The court said that it will read the document in detail. Then, ASG SV Raju also argued that before the Republic Day violence, the accused and other people prepared templates with certain details to be shared on social media to amplify the protest and indulge in anti-national activities.

According to LiveLaw, after SV Raju’s submissions, Siddharth Agarwal contended that Delhi Police has yet not indicated a single conversation between Sikhs For Justice and Disha.  “They don’t even say that Sikhs For Justice organization is connected to Poetic Justice Foundation”, he said.

Agarwal: 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.#DishaRavi#Toolkit

— Live Law (@LiveLawIndia) February 20, 2021

Agarwal further argued that organising peaceful protests is not seditious. “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 guilty”, he remarked. Continuing on the point of sedition, he stated that the FIR mentions that Ravi attacked Chai (tea) and yoga. “Is this the parameter for sedition?”, he asked.

Agarwal: For 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. #DishaRavi#Toolkit

— Live Law (@LiveLawIndia) February 20, 2021

“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”, he said sternly.

According to LiveLaw, Siddharth Agarwal referred to ASG SV Raju’s submissions and asked if mentioning the Kashmir Pandit exodus amounts to sedition. “If this is sedition, then we should shut down the internet, go back to the era when there was only one Doordarshan TV,” he remarked.

He further argued that international activist Greta Thunberg tweeted only in support of the farmers’ protest and there is no larger conspiracy to defame India. The court asked the Delhi Police on the “chai and yoga point”. To this, the Police submitted that, “The name itself means a kit. The kit doesn’t target only yoga and chai, it targets India’s symbols”.

The court directed the parties to make the entire toolkit available to it and reserved orders for February 23.

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The post Delhi court reserves order on Disha Ravi’s bail plea appeared first on SabrangIndia.

The Patiala House court has sent the 21-year-old environmentalist Disha Ravi to three days judicial custody in connection with farmers’ protest toolkit FIR, reported Bar & Bench. The order was passed by Additional Chief Metropolitan Magistrate Aakash Jain before whom Ravi was produced after the expiry of her five-day police custody.

Additional Public Prosecutor Irfan Ahmed informed the Chief Metropolitan Magistrate that during the course of interrogation, Disha Ravi was “evasive and shifted the blame to co-accused” Shantanu Muluk and Nikita Jacob. Ahmed further added that a notice has already been sent to Shantanu Muluk asking him to join the investigation on February 22.

The Delhi Police had issued non bailable warrants against lawyer/activist Nikita Jacob and Shantanu Muluk and engineer/activist, both allegedly involved in editing a google document which was meant to create unrest in Delhi. Both activists moved the Bombay High Court and were granted transit anticipatory bail for 3 weeks and 10 days respectively.

Advocate Siddharth Agarwal sought Ravi’s release on the ground that the case diary was not being maintained as per law and raised apprehensions of tampering. It was also contended that the case diary was not paginated. He said, “I’m objecting to the manner in which the diary is being provided… I would request that this is not a case diary in accordance with law and I should be released on that ground alone.”

Bar & Bench reported that the Court was also informed by Prosecutor Irfan Ahmed about Ravi’s bail plea which shall come up for hearing on February 20 before the Sessions Court. Additional Solicitor General SV Raju also appeared before the Court through video conference.

Ravi was arrested by the Delhi Police and sent to police custody on February 14 on grounds that she had made edits to a Google document that was shared as a “toolkit” related to the ongoing farmers protests. The Police has claimed that this toolkit was created by a Khalistani group, Poetic Justice Foundation and was edited by Disha Ravi, Nikita Jacob and Shantanu Muluk to amplify the protests.  

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The post Disha Ravi sent to three days judicial custody by Delhi Court appeared first on SabrangIndia.

Justice Prathiba M. Singh of the Delhi High Court heard Disha Ravi’s plea on restricting the Delhi Police from leaking information about the toolkit FIR against her and issued directions to media channels.

According to LiveLaw, the court directed editors of Times Now, India Today and News18 to ensure that proper editorial control is exercised while disseminating information, so that the ongoing investigation is not hampered. “Right to privacy, the sovereignty and integrity of the country and the freedom of speech need to be balanced…While press briefings are held generally the media cannot disseminate the information in such a sensationalised manner,” the court reportedly observed.

Bar & Bench reported that the Single-judge Bench said that all media outlets need to make sure that telecast is from authentic and verified sources. “While a journalist cannot be asked to reveal their source, the same has to be authentic. The Delhi Police claims that it has not leaked anything whereas the media claims to the contrary,” said Justice Singh.

Further, the Bench directed the Delhi Police to ensure the Office Memorandum issued by the Ministry of Home Affairs on April 1, 2010 titled, Advisory on Media Policy of Police for reporting on ongoing criminal cases, is abided by, reported LiveLaw. A direction has also been made to ensure that Disha Ravi does not indulge in maligning the Delhi Police and other authorities. The court granted time to the respondents to file their detailed affidavits in the matter.

Submissions

Appearing for Disha Ravi, Senior Advocate Amit Sibal told the Court that the first relief that he seeks is a direction to all the respondents to desist from making any reference to the purported WhatsApp chats between Disha and Greta Thunberg. He submitted that one of the respondents, News18, had gone into detailed particulars of what questions were purportedly posed to Ravi and what answers she purportedly gave. He added that India Today ran even more detailed statements, with “in-built commentary”.

He told the court that half-baked, speculative information about an ongoing investigation was being disseminated and the narrative is that she panicked and tried to delete all messages. He further contended that the Media must stick to and operate within the Programme Code, referring to an Office Memorandum of 2010, issued by the Ministry of Home Affairs which is an advisory on Media policy of Police for reporting on ongoing criminal cases.

LiveLaw quoted him saying, “The stage of arrest is over, investigation is ongoing, and it will culminate in any final report. Where is the occasion to share anything then? Hence, I seek the relief…All we’re saying is till the filing of the chargesheet please don’t share case file record with the media”.

Senior Advocate Hrishikesh Baruah appearing for IndiaToday, responded to the allegations and said, “There is only one allegation against me. There was a digital write up, no news broadcast at all. Therefore, the Cable News Programme Code doesn’t apply to me. My article is of February 16, 2021, it is the admitted position of the petitioner that the matter was out in the public domain by February 15, therefore I haven’t violated her privacy”.

Times Now channel representative, Advocate Kunal Tandon submitted that Ravi cannot claim the right to privacy as the instant matter is of immense public importance. As held by the Supreme Court in KS Puttaswamy v. Union of India, the right to privacy is subservient to public interest, he argued.

Senior Counsel Sibal interjected, as per a LiveLaw report, and said, “Public interest and interest of the public are not the same thing. They must not disclose anything from the case file which is not part of the public record”.

Amit Sibal pointed out that on February 14, the Twitter handle of Delhi Police was activated to tweet about Ravi’s arrest as a key conspirator in the Toolkit case. He said, “I am on the point that the FIR did not reflect any particular name. I was arrested in Bangalore, brought to Delhi, I deposed before the Magistrate, no information was given to my lawyer about when I would be produced but the media was there in large numbers. On February 15, there was a press briefing and the news channels started disseminating what were purported WhatsApp chats… We have submitted videos with timestamps. In the press briefing on the other hand, the Police Commissioner said that highly incriminating evidence was found that Disha Ravi had disseminated the Toolkit and coaxed Greta Thunberg to post the same”.

Justice Singh asked if any information was leaked to the media channels by the Delhi Police. It sought the Additional Solicitor General SV Raju’s (appearing for Delhi Police) stance with respect to media claims that they received details from the Delhi Police.

However, ASG Raju maintained that no information was leaked from their end. He said, “Whatever the journalist is saying cannot be taken as the gospel truth. In fact, whatever is being reported also may not be true”, reported LiveLaw. He blamed the petitioner Disha Ravi for vilifying the Delhi police, so as to put pressure on them.

ASG Raju asked, “It is a systematic attempt to blame the police and derail investigation. The police seized the phone on 13th, the messages were sent on 3rd. Why is she (Ravi) not questioning the people to whom the messages were sent? Why defame the Delhi Police?”

Advocate Nisha Bhambhani, appearing for News Broadcasting Standards Authority (NBSA), stated that no complaint was received by the NBSA and if any complaints had been received, NBSA would have taken action. Counsel for News18, Advocate Mrinal Bharti sought some time to file a response, to which the Court observed, “There is no doubt that the video is very, very sensational.”

According to Bar & Bench, the Single-judge Bench said that the question of removal of content already online would be considered at a later stage and highlighted the importance of media, “The media plays a very important role in ensuring there is no sensationalisation and that they indulge in responsible journalism. Recent coverage by the media definitely shows there is prejudicial and sensational journalism which is being undertaken by the media houses”.

Disha Ravi had moved the High Court on February 18, seeking directions to the Delhi Police to prevent them from leaking any information to media outlets that impinge her right to privacy and fair trial.

The matter will now be heard on March 17.

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Justice Prathiba M. Singh of the Delhi High Court has issued notice to the News Broadcasting Standards Authority (NBSA), and television news channels: Times Now and News18, on a plea filed by environmentalist Disha Ravi. Her plea seeks to restrain Delhi Police from leaking any investigation material relating to the FIR filed against her in connection with the Toolkit case, reported LiveLaw.

The court has also directed the Delhi Police to file a counter affidavit in the matter by tomorrow morning, February 19 and also took on record Solicitor General Tushar Mehta’s statement on behalf of Delhi Police that nothing has been leaked from their end to the media.

He told the Bench, “There has been no leakage from our side, we can also file an affidavit. Nothing is being shared. This is a call for media attention”. Senior Advocate Amit Sibal (appearing for Ravi) submitted, “They can say whatever, but the facts speak otherwise. She was arrested on 13th, and material was seized by police… Media itself says that they have got records from the police, how are they accessing these records?”

Mehta: There has been no leakage from our side, we can also file an affidavit.

Sibal: They can say whatever, but the facts speak otherwise. She was arrested on 13th, and material was seized by police.

— Live Law (@LiveLawIndia) February 18, 2021

According to LiveLaw, Senior Counsel Amit Sibal refuted the SG’s claims and said, “This is a most unfortunate case where the media, in order to gain a few thousand TRPs, is trampling over the rights of the citizens. A 22-year-old has been arrested, and it’s being called a call for media attention?”

Disha Ravi had moved the Delhi High Court seeking to restrain Delhi Police from leaking any investigation material relating to the case including her personal chats/communication by her to a third party, as it impinges on her right to privacy and fair trial.

LiveLaw reported that her plea sought directions to be issued to the Ministry of Information and Broadcasting seeking to take appropriate action against Times Now, India Today, News 18, and all other satellite TV channels allegedly reporting on the case in a manner which infringes Ravi’s right to privacy, and is “grossly violative of her right to a fair trial and presumption of innocence”.

The petition further states that the publication and transmission of the private alleged WhatsApp chats by various media houses, including Times Now, News 18 and India Today “is a clear violation of the provisions of the Cable Sections the Cable Televisions Networks (Regulation) Act, 1995 (CTN Act), the Programme Code and the Uplinking and Downlinking Guidelines”.

The court has listed the matter for tomorrow, February 19 as “Item 1”.

The Greta Thunberg Toolkit has come under the police scanner after the international environment activist tweeted about it, raising eyebrows about its content. The Delhi Police have claimed that Disha Ravi edited the document which was meant to cause public disorder in connection with the farmers’ protest. Her five days of police custody ends tomorrow, February 19.

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The post Delhi HC issues notice to NBSA, channels on Disha’s plea alleging information leak appeared first on SabrangIndia.

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.

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Toolkit case: Delhi Police issues warrant against activists Nikita Jacob and Shantanu
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FIR against unknown ‘toolkit’ makers, not Greta Thunberg: Delhi Police

The post Nikita Jacob’s pre arrest bail order reserved, Shantanu Muluk gets transit bail appeared first on SabrangIndia.

In the aftermath of Disha Ravi’s arrest ordered by a Delhi Magistrate, Dev Suroha who remanded the 21-year-old climate activist to five days of police custody over the toolkit shared by international activist Greta Thunberg related to the farmer’s protest on social media, the Delhi Police is on the lookout for two more people.

Non-bailable warrants were issued against Nikita Jacob and Shantanu in connection with the same toolkit on farmer protests matter, as they were allegedly “in direct interaction with pro-Khalistan elements and worked closely with other creators of the document”, claimed Delhi Police.

According to an Indian Express report, Police said that Nikita Jacob and Shantanu Muluk, were not found at their residence in Mumbai and Beed, respectively. Both of them work for a UK-based NGO called Extinction Rebellion (XR) and two more people are learnt to be on the police radar pertaining to the toolkit case.

A senior police officer told IE, “We believe Nikita and Shantanu asked Disha to join because she has contact with Greta. Their aim was to highlight the issue globally. The toolkit was supposed to be private but Greta posted it on Twitter. They later asked her to delete it, which she did. Disha then edited the document and it was uploaded again”.

Police also reportedly said they are looking into the alleged role of American rights activist Pieter Friedrich in connection with the case. Manisha Chandra, DCP (Special Cell), said, “In the toolkit, there’s a section of ‘who is to be followed’. There are names of established media houses, reputed fact checkers, some NGOs and among those we found an incongruous name. That is Pieter Friedrich”, according to Indian Express.

In a statement to IE, Friedrich said, “It’s laughable that the entire world today- from a white Christian writer like me, a Black Barbadian singer like Rihanna is labelled as supporters of a mythical Sikh separatist state. I have co-authored two books with Bhajan Singh, including one on how the origins of Sikhism are entwined with the anti-caste struggle. He is one of many South Asian-origin friends who include Sikhs, Hindus, Muslims, Dalits, and people from all backgrounds. Our friendship centres on a mutual passion for working for equality and liberty for all of humanity. Had I ever seen Bhajan even hint at support for Khalistan, I would have run the other way but he didn’t…”

NDTV also reported that the Delhi Police said a Canada-based woman, identified as Puneet, had put Nikita, Shantanu and detained Disha Ravi in touch with Poetic Justice Foundation, an organisation with Khalistani links and they also organised a Zoom meeting on January 11. The Police have also written to Zoom seeking details of participants of the meeting, tweeted PTI.

Toolkit case: Delhi Police writes to video conferencing app Zoom, seeks details of participants who attended Jan 11 meeting, says official

— Press Trust of India (@PTI_News) February 16, 2021

Jacob, Shantanu move court for anticipatory bail

Nikita Jacob, who practices at the Bombay High Court moved the Bombay High Court seeking transit anticipatory bail on February 15. In her petition filed through Advocate Sanjukta Dey, Jacob has said that on February 11 the Delhi Police’s Cyber Cell Unit came to her house with a search warrant and seized her personal documents and electronic gadgets which had confidential information protected by attorney- client privilege, as reported by LiveLaw.

The petition also states, “The present applicant has no religious, political and/ or financial motive or agenda for researching, discussing, editing and circulating communication packs/ toolkits for raising awareness let alone to incite violence riots and/or cause other physical harms.”

The plea also reportedly adds, “The said accounts have been circulating the same anonymously and has been picked up by fact less/ untrustworthy and unethical news channels who have been violating the applicant’s privacy and dissecting her personal information whilst also alleging absolute lies to incite hate and violence against the applicant by claiming that the applicant has ties with political parties like Aam Aadmi Party”. The matter is to be heard on February 16 before a Single-judge Bench of Justice PD Naik.

Activist Shantanu Muluk has also moved an application before the Aurangabad Bench of the Bombay High Court apprehending arrest, seeking transit anticipatory bail on the grounds that “the Delhi Police has stationed itself in the town of Beed which is his native town for the past three days and seized several materials without following due process of law”, reported Bar & Bench. Justice Vibha Kankanwadi is likely to hear the matter on February 16.

His plea reads, “It is submitted that apparently vendetta has trickled down from politics to the house of a common man making a mockery of the rights and principles enshrined in the constitution of India. That such vendetta which is the dark face of authoritarianism and is the real tool kit for devastation of not only democracy but also basic human rights”. The charges against him “would be destructive for his life and his family to carry a false blot of being an anti-national”, states the plea, according to Bar & Bench.

Related:

Know your rights: Disha Ravi’s arrest & the Delhi police witch-hunt
FIR against unknown ‘toolkit’ makers, not Greta Thunberg: Delhi Police

The post Toolkit case: Delhi Police issues warrant against activists Nikita Jacob and Shantanu appeared first on SabrangIndia.

In a shocking turn of events, a Delhi Magistrate, Dev Suroha remanded 21-year-old climate activist Disha Ravi to five days of police custody over the toolkit shared by international activist Greta Thunberg related to the farmer’s protest on social media, as was widely reported. The easy acceptance of the arrest and custodial detention by the Magistrate has raised serious questions of both law and principle.

During the hearing, Ravi broke down inside the courtroom and told the judge that she had edited only two lines of the tool kit and that she wanted to support the farmers’ protest. 

On February 15, the Delhi Police issued non-boilable warrants against two more activists Nikita Jacob and Shantanu in connection with the same toolkit on farmer protests’ matter. A Delhi Police Spokesperson told the media, “We issued NBWs against Nikita Jacob and Shantanu. The Cyber Unit of Special Cell found their involvement in the toolkit case. We’ll soon make arrests. They were in direct interaction with pro-Khalistan elements and worked closely with other creators of the document”.

Nikita Jacob, who is an advocate has moved the Bombay High Court seeking transit anticipatory bail for four weeks. Her application will be heard tomorrow before the Bench of Justice P D Naik.

Who is Disha Ravi?

Hailing from Bangalore, Disha reportedly graduated from Mount Carmel College and founded the “Fridays for Future” campaign in India, which was kick-started by Greta Thunberg in 2018. At present this campaign, which is a people’s movement for climate justice, has garnered nearly 8,000 followers on Twitter.

As has been widely reported, FFF has close to 150 activists and their activities involve researching environmental issues, organising climate strikes in public spaces, online campaigns against projects considered detrimental to nature, ground level work with local communities and schools to create awareness.

In an interview to American author and Professor Gayle Kimball, Indian Express quoted her saying, “In India, protests are a part of life since the Indian freedom struggle was rooted in peaceful protests. There are a lot of protests on humanitarian issues and religious issues and protests are very ingrained in Indian society”.

In keeping with her interest in climate change and vegan food habits, she also works as a culinary experience manager with GoodMylk, a company involved with making plant-based food accessible and affordable to people, as reported in the media.

Why has she been arrested?

In the Patiala House Complex court, Public Prosecutor alleged that Disha was part of a larger conspiracy against the country. Disha denied being part of any conspiracy, and in her defence said, I was just supporting farmers. I supported farmers because they are our future and we all need to eat”. She added that she didn’t create the toolkit, and just made two edits to it, reported Bar & Bench.

According to some media reports, the Delhi Police has alleged that a toolkit (document that explains some issue and lists a set of guidelines for addressing them) was created by a Khalistani group, Poetic Justice Foundation and was edited by Disha Ravi. The allegations also say that Ravi shared this toolkit with Swedish based 18-year-old activist, Greta.

The allegations did not end here as the Police has also claimed that after the young activists “collaborated” with pro Khalistani elements and shared the toolkit, Disha Ravi asked Greta Thunberg to remove the main document after its “incriminating details” accidentally got into the public domain.

Later, she asked Greta to remove the main Doc after its incriminating details accidentally got into public domain. This is many times more than the 2 lines editing that she claims.@PMOIndia @HMOIndia @LtGovDelhi @CPDelhi

— #DilKiPolice Delhi Police (@DelhiPolice) February 14, 2021

The Delhi Police said it has registered an FIR against unnamed persons under sections 124A (sedition), 153 (provocation with an intent to cause riots) and 120B (criminal conspiracy) of the Indian Penal Code. Delhi Police tweeted:

“Disha Ravi, arrested by CyPAD Delhi Police, is an Editor of the Toolkit Google Doc & key conspirator in document’s formulation & dissemination. She started WhatsApp Group & collaborated to make the Toolkit doc. She worked closely with them to draft the Doc. Delhi Police has taken cognizance of a ‘Toolkit Document’ found on a social media platform that predates and indicates a copycat execution of a conspiracy behind the 26 Jan violence. The call was to wage economic, social, cultural and regional war against India”.

Disha Ravi, arrested by CyPAD Delhi Police, is an Editor of the Toolkit Google Doc & key conspirator in document’s formulation & dissemination. She started WhatsApp Group & collaborated to make the Toolkit doc. She worked closely with them to draft the Doc. @PMOIndia @HMOIndia https://t.co/e8QGkyDIVv

— #DilKiPolice Delhi Police (@DelhiPolice) February 14, 2021

Support for the brave heart

As soon as the news of her arrest broke out, emotions of shock and grief poured in for Ravi by legal experts, public figures and netizens on social media. The latest expression came from Delhi Chief Minister Arvind Kejriwal who tweeted, “Arrest of 21 yr old Disha Ravi is an unprecedented attack on Democracy. Supporting our farmers is not a crime”.  

Senior Advocate Rebecca John took to the digital medium to express her disappointment in the matter and also pointed out the legal discrepancies. She alleged that Disha has been remanded to police custody without even ensuring that she gets access to legal representation. She questioned, “Were the case diaries and arrest memo examined?” adding that this was a “shocking abdication of judicial duties”.

With her permission I’m sharing the FB post by Senior Advocate Rebecca John. She raises some very serious points regarding the arrest of the young climate change activist Disha Ravi. pic.twitter.com/ErfwhBJc0G

— Radha Khan (@RadhaKhn) February 14, 2021

Advocate Rebecca John further asked, “Magistrates must take their duties of remand seriously and ensure that the mandate of Article 22 of the Constitution is scrupulously followed. If the accused was not being represented by counsel at the time of the hearing, the magistrate should have waited till her counsel arrived or in the alternate, provided her with legal aid,” John, an acclaimed criminal lawyer, wrote on Facebook.

John further asked whether the Duty Magistrate asked the Special Cell of the police why Ravi was being produced in Delhi from Bangalore without a transit remand from Bangalore courts. She further said that a Duty Magistrate, sitting on a Sunday, should “at best remand for a day, so that the regular court takes up the matter the next day.” Duty magistrates should not send an accused to five days police custody, John added, demanding the magistrate to ensure effective legal representation.

Senior Advocate Dr. Colin Gonsalves, speaking to the NDTV, said that the so-called “toolkit” was only a manual for peaceful protest, and had no content inciting violence. He asked, “Tell us from the toolkit, whatever version you have, which line is a criminal offence?”

On February 14, Senior Advocate Saurabh Kirpal tweeted: “Why do we arrest people at the drop of a hat? If someone is guilty, prosecute and punish them. Pre-trial arrest (as a substitute for punishment) is an abdication of the responsibility of the police to investigate. It also numbs us as a citizenry”.

Human rights practioneer Prasant Bhushan also put out a strong tweet stating that the Magistrate mechanically remanding her to police custody abdicated his responsibility and the Delhi Police did not follow due process. He shared the statement condemning the illegal arrest of Disha Ravi issued by Campaign for Judicial Accountability and reforms on February 15.

The Statement said, “The allegations against her absurd to say the least and are an attempt to criminalise dissent and protest. Further, Delhi Police have failed to follow any of the guidelines laid down by the Supreme Court in Arnesh Kumar vs State of Bihar (2014) when it comes to arrest”.

The statement also adds that, “We also note with deep disappointment the complete abdication of duty by the Duty Magistrate…the Magistrate has performed his task in a mechanical manner that has resulted in a serious violation of human rights. Such an attitude among the judiciary renders the valuable right under Article 22 (2) a virtual nullity and must be deprecated in the strongest possible manner”. The entire statement may be read here.

Rights available to a Detenu

All persons, irrespective of detention enjoy certain rights regarding dignity and liberty in India. In the Arnab Goswami Bail mater, the Supreme Court very recently battled in favour of ‘Personal Liberty’ while granting him bail.

The top court had observed, “Courts must be alive to the need to safeguard the public interest in ensuring that the due enforcement of criminal law is not obstructed. The fair investigation of crime is an aid to it. Equally it is the duty of courts across the spectrum – the district judiciary, the High Courts and the Supreme Court – to ensure that the criminal law does not become a weapon for the selective harassment of citizens.”

In Joginder Kumar vs State of Uttar Pradesh 1994 SCC (4) 260, the Supreme Court had held that, “No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person”.

With such established ratio(s) in place, unfortunately, the lucidity in following due process cannot be vouched for. Here is a little guide to understand the available rights to all detainees:

Grounds of arrest:

According to Section 50 of the Code of Criminal Procedure (CrPC), a police officer making an arrest without warrant must mandatorily inform the person full particulars of the offence for which he is arrested or other grounds for such arrest and that the person arrested that he is entitled to be released on bail.

Section 55 of CrPC lays down that it is the right of the accused to know in case of being arrested, the written order against him, specifying the offence or other cause for which the arrest is being made.

Section 75 of the CrPC says “The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant”.

Person arrested not to be detained for more than 24 hours

Irrespective of an arrest with or without a warrant, the accused must be produced before a magistrate within 24 hours of the arrest. Section 57 of CrPC says: “No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty- four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’ s Court”.

Access to legal help

Article 22(1) of the Constitution states that the arrested person has a right to appoint a lawyer and be defended by the pleader of his choice.

Section 41D of the CrPC allows an arrested person to meet an advocate of his choice during interrogation.

Right to silence

Article 20(3) of the Constitution states that no person can be compelled to be a witness against himself, i.e., give any information that might incriminate himself/herself. This right has also been upheld in Nandini Satpathy vs Dani (P.L.) And Anr 1978 SCR (3) 608, where the apex court said that no one can force any person to give any statement or to answer questions and the accused person has a right to keep silence during the process of interrogation.

Related:

FIR against unknown ‘toolkit’ makers, not Greta Thunberg: Delhi Police

Is Personal Liberty in India available to all?

Greta Thunberg continues to support farmers, offers toolkit on Twitter

The post Know your rights: Disha Ravi’s arrest & the Delhi police witch-hunt appeared first on SabrangIndia.