'Evidence On Record Not Sufficient To Keep A 22 Year Old In Custody': Delhi Court Grants Bail To Disha Ravi In 'Toolkit' Case

A Delhi Court on Tuesday granted bail to 22-year old climate activist Disha Ravi, who was arrested by the Delhi police from her Bengaluru residence on February 13 in the farmers protest 'toolkit' case.

"Considering the scanty and sketchy evidence on record, I do not find any palpable reason to deny bail", Additional Sessions Judge Dharmender Rana of Patiala House Court Complex noted in the order granting bail.

The order says the evidence on record by the prosecution is not sufficient to keep a 22 year old in custody. The court also noted that Ravi has no criminal antecedents.

The Court granted her bail on condition to furnish personal bond of Rupees one lakh and two sureties of Rupees One Lakh each. Although Ravi's lawyer Advocate Abhinav Sekhri made a request for reducing the surety amount as Rs 50,000, the Court did not agree.

She was also produced today before Additional Chief Metropolitan Magistrate as her police custody period was expiring today. The ACMM Pankaj Sharma disposed of the application seeking 4-day police custody pending the confirmation of bail.

Orders were reserved on Ravi's bail application on February 20.

Some relevant observations from the order are given below

Creation of toolkit not an offence

"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"

Nothing on record to suggest Disha Ravi subscribed to any secessionist idea

"It would be worthwhile to observe that there is nothing on recordto suggest that the applicant accused subscribed to any secessionist idea"

"Further, the prosecution has, except for pointing out thata pplicant/accused forwarded the toolkit to Ms. Greta Thunberg, failed to point out as to how the applicant/accused gave global audience to the'secessionist elements'"

No Evidence

"It is further highlighted that the applicant/accused along with her associates under the pretext of protesting against the farm laws have resolved to vandalize Indian Embassies and specifically attack symbols of India i.e. Yoga and Chai. Except for a bare assertion, 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"

'Propitious Anticipations Cannot Restrict Personal Liberty

"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 a 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"

Resistance to bail plea mere ornamental

"The applicant accused is already reported to have been interrogated in police custody for almost about five days and placing any further restraint upon her liberty on the basis of general and omnibus accusation would be neither logical nor legal. No specific article, sought to be recovered from the possession of the accused, has been brought to my notice. The resistance to the bail plea seems to be more of ornamental in nature".

No Call for violence in toolkit

"The perusal of the said 'Toolkit' reveals that any call for any kindof violence is conspicuously absent. In my considered opinion, Citizens are conscience keepers of government in any democratic Nation. They cannot be put behind the bars simply because they choose to disagree with the State policies".

"The offence of sedition cannot be invoked to minister to the wounded vanity of the governments".

"The imputations may be false,exaggerated or even with a mischievous intent but the same cannot be stigmatized being seditious unless they have tendency to foment violence".

"Difference of opinion,disagreement, divergence, dissent, or for that matter, even disapprobation, are recognised legitimate tools to infuse objectivity instate 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 years 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".

Right to freedom of speech and expression includes right to seek global opinion

"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".

Highlights from the hearing

During the 3-hour long hearing on February 20, the Court had quizzed the Delhi Police about the link between the 'toolkit' and January 26 violence.

"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 required to merely work on surmises, conjectures?", the judge had asked during bail hearing.

The prosecution submitted that the 'toolkit', which came to public domain after it was shared by international climate activist Greta Thunberg in Twitter, was created by Disha Ravi in association with organizations having Khalistani leanings. It was alleged that Ravi had attended Zoom meetings with members of "Poetic Justice Foundation", an organization alleged to have Khalistani links. Additional Solicitor General SV Raju, who appeared for the Delhi police, alleged that the 'toolkit' was part of an international conspiracy to malign India by using the garb of farmers protests, and that the same was linked to the violence which took place in the national capital on the Republic Day during the tractor parade by protesting farmers.

The ASG also submitted that there was a need to confront Disha with the co-accused Advocate Nikita Jacob and activist Shantanu Muluk.

Refuting the police allegations, Advocate Siddharth Agarwal, appearing for Ravi, submitted that the 'toolkit' was merely a document for organizing peaceful protests and mobilize a  social media campaign against the farmers laws. He submitted that there was no evidence to link the 'toolkit' to the January 26 violence.

"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

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. Their allegations in the FIR state that I have attacked chai and yoga. Is this the parameter for sedition?", Agarwal submitted.

Yesterday, a Delhi Magistrate had remanded Disha Ravi to one-day police custody. After her arrest from Bengaluru, she was remanded to 5-day police custody by a Delhi Magistrate on February 14. Later, on February 19, she was remanded to 3-day judicial custody.

Ravi has filed a writ petition in the Delhi High Court aggrieved by the media reportage about her. On February 19, a bench of Justice Prathiba M Singh observed that media should exercise editorial discretion to avoid sensationalism which could hamper the investigation in the case. The bench also directed the Delhi Police to ensure that no media leakage happens in compliance with the stand taken by it in its affidavit.

Click here to read/download the order