Delhi High Court Further Grants 4 Weeks Time To UOI, Delhi Police To File Counter Affidavits In Disha Ravi Media Leak Case

Extending the time given as "one last opportunity", the Delhi Court on Tuesday extended the time by further 4 weeks to Union of India and Delhi Police to file counter affidavits in the plea filed by Disha Ravi seeking to restrain Delhi police from leaking any investigation material relating to her case to the media.

A single bench comprising of Justice Rekha Palli ordered thus:

"The time for filing of counter affidavits by Respondent no. 1 and 2 is extended by another four weeks. Rejoinder to be filed within three weeks thereafter."

The development came after Advocate Ajay Digpaul appearing on behalf of respondent no. 2 sought further extension of time stating that the same could not be filed within due course owing to the covid 19 pandemic.

Pulling up the conduct of Union of India and Delhi Police in not filing the replies despite one last final opportunity by the Court, the Court orally remarked thus:

"The affidavit by UOI has still not been filed despite last opportunity? What is the sanctity of last and final opportunity? Should I imposed cost on you?"

The Court had in February directed the Delhi Police to ensure that no leakage of information happens with regard to the investigation in the case registered in connection with the 'toolkit' over the farmers protests.

It was also directed by the Court that the Delhi Police shall follow the Ministry of Home Affairs' Office Memorandum dated Apr 1, 2010 titled "Advisory on Media Policy of Police", and to ensure compliance with their affidavit stating that there has not been and will not be any leakage from the Police's end to the media on vital details of the case.

21 year old environment activist Disha Ravi who was arrested on allegations of involvement in the Toolkit case moved the Delhi High Court seeking to restrain Delhi Police from leaking any investigation material relating to case filed against her by the PS Special Cell, including alleged contents of private chats/communication by her to any third party, including the media.

According to Disha Ravi's plea, it has been argued that her whatsapp chats which are private in nature as well as her admissions and disclosure made during her time in police custody has been leaked in the public domain and therefore such disclosure was false, malicious and in violation of her right to privacy and free trial.

The Delhi Sessions Court had in February granted bail to Disha Ravi after observing that "Considering the scanty and sketchy evidence on record, I do not find any palpable reason to deny bail".

"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" the Court observed while granting bail.