Toolkit Case : Bombay High Court Reserves Orders For Tomorrow On Adv Nikita Jacob's Transit Bail Plea

The Bombay High Court on Tuesday reserved orders for tomorrow on the application filed by Advocate Nikita Jacob in the FIR registered by the Delhi Police over the 'toolkit' created in connection with the farmers protests.

A single bench of Justice PD Naik heard Senior Advocate Mihir Desai for Jacob and Advocate Hiten Venegoankar for Delhi police.

Venegoankar agreed not to arrest Jacob till the pronouncement of orders.

"No prudent officer will arrest in the interim", he told the bench.

"We will rely on their prudence", Desai replied.

Venegoankar raised preliminary objections to the maintainability of the application saying that no cause of action has arisen within the jurisdiction of Bombay High Court. He argued that mere apprehension of arrest cannot be a ground to entertain the application. He referred to the SC judgment in Sandeep Lahoria case to support his argument.

On the other hand, Desai submitted that there are precedents saying that the the liberty of an individual cannot be curtailed due to territorial restrictions.

Desai further submitted that the tool kit does not talk about violence, or taking over of the Red Fort, and it was a document created only to coordinate farmers protest.

"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", he argued.

"This young lawyer, an activist for farmers protest with no connection with Khalistan, now apprehends her arrest for sedition! So she filed transit bail", Desai submittted.

He prayed for "limited protection" so that her career will not be affected. Desai also informed the bench that the Aurangabad Bench of the High Court has granted transit bail for 10 days to co-accused Shantanu Muluk.

"She's a lawyer practicing in this court, she knows her duties. She's been practicing for the last six seven years, she's an enthusiastic environmentalist … toolkit etc was prepared. Now it was prepared by a number of people. Greta Thunberg shared it and that is how it became a big issue. The toolkit does talk about violence, doesn't talk about taking over red fort", Desai submitted.

The Delhi police counsel submitted that the 'toolkit' was intended to incite violence during the Republic Day parade.

"400 people were injured outside the red fort. The PM was giving his independence speech.  I'll explain the chronology.On 27th November 2020, farmers began protesting against the farm laws. On December 6, a Whatsapp ground was created by Disha ravi who is arrested last week. In the last week of December or 1st week of January, the toolkit was created and uploaded on Google Drive. The toolkit clearly shows that the creatorship and authorship lies with this Disha Ravi, and Jacob, along with one or two persons which i will not name at this stage but who are directly connected with Khalistaan .. who are the creators and authors of this. This toolkit created much earlier, before riot, narrated step by step what to be done"

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. They have also recorded her statement, she said.

Jocob says she volunteered in an environmental movement called "Extinction Rebellion," which helps to create awareness about environmental issues and create a positive change in the world today through non-violent means.

Jacob claims she has been researching and circulating information for raising awareness as she was "deeply concerned with the recent farm laws and consequent villainising of farmers."

"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 petition states.

She has claimed that some "trollers" and "bots" are circulating her personal information, email-ids and phone number on social media and she is unnecessarily being associated with political parties.

"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 applicants privacy and dissecting her personal information whilst also alleging absolute lies to incite hate and violence against the applicant by claiming that the applicant have ties with political parties like Aam Admi Party, "the petition further states.

Jacob says that she learned from social media that Legal Rights Observatory has filed a complaint with the Delhi police seeking to pin the 26th January 2021 violence on her as well. She adds that she has neither received a copy of the complaint or the FIR from any authority.

"It is difficult for women to travel to other states and defend themselves with the clout of fear of getting arrested in transit on the basis of this frivolous/ false complaint/ FIR," the petition states.

The plea further states that after her phone was seized, it was de-sealed in order to try and continue investigation and she has been intimated about the continuing investigation. "there is an apprehension that despite cooperating with the investigating agency, the applicant may be arrested due to political vendetta and a media trial.," it adds.

The development has come a day a Delhi Magistrate remanded a 21-year-old climate activist Disha Ravi, who was arrested from Bengaluru to 5-day custody of the Delhi police.