Toolkit Case- Sedition Law Misused To Terrorise Young Patriotic Indians; Time To Revisit S.124A: Delhi HC Women Lawyers Forum Writes To Supreme Court

"The recent events where a young environmental activist Disha Ravi (21 years old) from Bangalore has been arrested by Delhi Police in Bangalore and brought to Delhi on 14.02.2021 without following any prescribed legal procedures and without there being any apparent reason for arrest are appalling," the Forum said.

It noted that Ravi has no criminal antecedent, she was willing to cooperate with the investigation, she is not a flight risk, and there is no evidence to suggest that she was working with any banned organizations or doing anything remotely close to inciting violence against the State. Yet, it is stated, she was arrested by the Delhi Police, in complete derogation of the criminal law procedure.

It is their claim that the law of sedition under Section 124A of the IPC is being misused to terrorise young and patriotic Indians and, the time has come for the Supreme Court to revisit the issue of the Constitutionality of Section 124 A of the Indian Penal Code and remove this redundant colonial tool of silencing citizens in a democracy.

The Forum said that young women are often arrested under very serious charges of sedition and lately, a pattern has emerged that, when the time of filing of a charge sheet is about to elapse, the draconian Unlawful Activities Prevention Act is imposed upon them to avail the stringent bail provisions contained therein.

It expressed grave concern at rampant arrests of young women, merely for exercising their fundamental right to freedom of speech and expression, by engaging in democratic protests.

"We feel that the Bar and Bench cannot watch silently as young people are forced into long incarceration. Even when the slow wheels of justice come to their aid and uphold their innocence, they lose the best years of their youth and the opportunity to serve the nation with their idealism. History will wonder, where the Indian Judicial system was when the Anne Franks of India were being dragged away without due process of law or any offence commensurate to our Constitutional Scheme," the Forum added.

It referred to the case of Balwant Singh & Anr. v. State of Punjab, 1995 (1) SCR 411, where the Petitioners were accused of raising pro khalistani slogans on the day of the assassination of the then PM Indira Gandhi. In this case, the Supreme Court unequivocally held that raising of lonesome slogans by some individuals does not pose a threat to the Government of India and does not constitute an offence under Section 124A IPC; even though the slogans unequivocally call for the overthrow of the government.

Background

Disha Ravi was arrested in connection with an FIR registered by the Delhi Police on February 4 over a 'toolkit' shared by international climate activist Greta Thunberg about the farmers protests in Twitter. The case against unnamed persons was registered on charges of criminal conspiracy, sedition and various other sections of the Indian Penal Code.

She arrested from her house located within Soladevanahalli police station limits in Bengaluru by a Special Cell of the Delhi Police on Saturday.

Delhi Police said that Disha Ravi is an Editor of the Toolkit Google Doc & key conspirator in document's formulation & dissemination.

A Delhi Magistrate on Sunday remanded her to 5-day custody of the Delhi police in a case registered over the "toolkit" shared by international activist Greta Thunberg related to the farmer's protest on social media

Statement

The Forum recounted that the police officers in question failed to inform the Bangalore police of their intention to remove Disha from their local jurisdiction for investigation related to a case in Delhi.

Further, they failed to obtain a transit remand from a Magistrate in Bangalore before bringing Disha to Delhi on a Sunday.

Furthermore, the duty Magistrate at Patiala House Court, mechanically granted 5 days police custody, when all the evidence collection is forensic in nature and from electronic devices and no cause for custodial interrogation was shown.

"The remand order records substantial submissions made on behalf of the prosecution but none on behalf of the accused. The Ld. Magistrate failed to take note of the illegalities of her custody and the absence of any evidence that suggested the commission of the offence of sedition. The five-day long remand by Ld. link Magistrate prima facie shows non- application of judicial mind and a mechanical exercise of power; ignoring well settled principles of law and procedure," the Forum said.

It added,

"In any event arrest of women is supposed to be in the rarest of rare cases and preferably they are to be interrogated in their homes. Disha was denied her lawyer (basic right under Article 22 of the Constitution of India) and while it is widely televised that she presented her own case, the remand order which remanded her to police custody for 5 days (which is fairly long a period to be granted by a link/duty Magistrate) names a legal aid counsel."

Related news

Acclaimed criminal law practitioner Senior Advocate Rebecca Mammen John termed Disha's arrest and detention as a "shocking abdication of judicial duties".

'Abdication Of Judicial Duties' : Legal Experts Question Disha Ravi's Remand Without Lawyer In Greta Thunberg Toolkit Case

She asked if the Magistrate asked why Ravi was brought directly from Bengaluru without a transit remand from the Courts there.

Also Read: CJAR Condemns Arrest & Detention of Disha Ravi In Greta Thunberg Toolkit Case

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