“Citizens Are Conscience Keepers Of Government In Any Democratic Nation”, Observes Delhi Court, Grants Bail To Disha Ravi

(Judicial Quest News Network)

A Delhi Session Court granted bail to 22-year-old climate change activist Disha Ravi in connection with the farmers protests toolkit.

The activist was held for editing a toolkit on ways to garner support for the farmer’s protest.

ASJ Dharmendra Rana while pronouncing the bail orders observed that “Considering the scanty and sketchy evidence available on record, I do not find any palpable reasons to breach the general rule of bail against a 22 year old young lady, with absolutely blemish free criminal antecedents and having firm roots in the society, and send her to jail.

The asked Disha not leave country without its permission and cooperate with the investigation.

The Counsel for the Applicant (Disha Ravi)

Advocate Abhinva Shekri submitted that the applicant has been falsely arrested in the present case on 13-2-2021 and was brought to News Ddelhi without obtaining any transit remand and remanded to police custody till 19-2-2021.

The Applicant is absolutely innocent and she has not committed any offence as alleged by the investigating agency.

The Delhi Police has alleged that Ravi was the key conspirator in the formulation and dissemination of the document and that she collaborated with pro-Khalistan group Poetic Justice Foundation to spread disaffection against Indian State and also shared the Doc with Thunberg’s police also claimed that Ravi had sent the toolkit to Thunberg through the Telegram app, and also “coaxed her to act on it”

It is also submitted that there must be either actual violence or the incitement to violence associated with the words and both are clearly absent in the facts of the present case, therefore, the alleged involvement or connection of the applicant with the creation or sharing of the toolkit cannot amount to the commission of any offence

The court quoted a phrase from Rigveda to underscore respect for divergence in opinion. “This 5000-year-old civilization of ours has never been averse to ideas from varied quarters,” the court order read.

Even our founding fathers accorded due respect to the divergence

of opinion by recognizing the freedom of speech and expression as an

inviolable fundamental right. 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 includes the right to seek a global

audience. There are no geographical barriers on communication. A

Citizen has the fundamental rights to use the best means of imparting

and receiving communication, as long as the same is permissible under

the four corners of law and as such have access to audience abroad.

The Court gave following reasons to grant bail to Disha Ravi.

(a). It is pointed out by the Ld. ASG that a proKhalistani

secessionist group namely ‘Poetic Justice Foundation’ ( herein after

referred to as PJF) and people associated with it are directly linked with

creation of the ‘Toolkit’ document. It is submitted that one Mo Dhaliwal

and Anita Lal, known proKhalistan

activists, are the persons behind PJF.

It is further submitted that on 11.01.2021 at about 2.30 a.m, the

associates of the applicant/accused, namely Nikita and Shantanu

attended a zoom meeting wherein around 6070

people from across the

world participated including Mo Dhaliwal and Anita Lal. It is forcefully

argued by the Ld. ASG that you cannot go to a dacoit asking for

donations. It is submitted that the applicant/accused alongwith founders

of PJF used social media to peddle support for secessionist Khalistan

narrative in the guise of Farmers Protest.

Ld. Addl. Solicitor General fairly admitted that PJF is not a

banned organization and even no criminal action is pending against the

abovesaid Mo Dhaliwal and Anita Lal. Furthermore, there is nothing on

record to establish any direct link between the applicant/accused and

Mo Dhaliwal and Anita Lal. Still further, 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 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 culpablity. Any person with dubious

credentials may interact with a number of persons during the course of

his social intercourse. As long as the engagement/interaction remains

within the four corners of law, people interacting with such persons,

ignorantly, innocently or for that matter even fully conscious of their

dubious credentials, cannot be painted with the same hue. In the

absence of any evidence to the effect that the applicant/accused agreed

or shared a common purpose to cause violence on 26.01.2021 with the

founders of PJF, it cannot be presumed by resorting to surmises or

conjectures that she also supported the secessionist tendencies or the

violence caused on 26.01.2021, simply because she shared a platform

with people, who have gathered to oppose the legislation. There is not

even an iota of evidence brought to my notice connecting the

perpetrators of the violence on 26.01.2021 with the said PJF or the

applicant/accused. It is brought to my notice by the Ld. Defence counsel

and not disputed by the Ld. ASG that till date, more than hundreds of

persons involved in the violence have been arrested and interrogated by

the Delhi Police but no evidence connecting the applicant/accused with

the actual perpetrators of the violence has been brought forth on record

by the prosecution till date.

(b). It is further submitted by Ld. ASG that during further

investigation, it was revealed that on 11.01.2021, a banned terrorist

organization ‘Sikhs for Justice’ issued an open communication declaring

a reward of $250,000 for anyone who will hoist the flag of Khalistan at

India Gate on Republic Day.

There is absolutely no link established on record between

the applicant/accused and the said banned organization.

(c). It is submitted that during investigation, it has also

been revealed that there is link between Indian conspirators including

the applicant/accused and Kisaan Ekta.co ( Vancouver) through an

organization by the name of Extinction Rebellion and it has come on

record that the whatsapp group “Intl Farmers Strike” was used in

furtherance of a request that came from KisaanEkta.co.

It has neither been averred nor proved that Kisaan Ekta.co is an

organization with seditious agenda.

2. Use of ‘Toolkit’

It is submitted that in the main body of the Toolkit google Cloud

Document, there was a segment titled “Prior Action” which included

Digital Strike through Hashtags on January 26 and earlier, Tweet Storm

from 23rd January onwards, physical action on 26th January and Joining

the Farmers’ March into Delhi and then back to the border. Another part

of the same document mentioned tasks such as disruption of India’s

cultural heritage such as ‘Yoga’ and ‘Tea’ and targeting Indian embassies

abroad.

It would be relevant to reproduce herein the relevant portion of

the said ‘Toolkit’ under the segment “Prior Action”:

It is further submitted that on 11.01.2021 at about 2.30 a.m, the associates of the applicant/accused, namely Nikita and Shantanu attended a zoom meeting wherein around 6070 people from across the world participated including Mo Dhaliwal and Anita Lal. It is forcefully argued by the Ld. ASG that you cannot go to a dacoit asking for donations. It is submitted that the applicant/accused alongwith founders of PJF used social media to peddle support for secessionist Khalistan narrative in the guise of Farmers Protest. Ld. Addl. Solicitor General fairly admitted that PJF is not a banned organization and even no criminal action is pending against the abovesaid Mo Dhaliwal and Anita Lal. Furthermore, there is nothing on record to establish any direct link between the applicant/accused and Mo Dhaliwal and Anita Lal. Still further, 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 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.