Hindustan Times (Ranchi)

‘Sketchy evidence’: Delhi court grants Disha bail

Being editor of an innocuous toolkit is not an offence, observes court, slams Delhi Police

- Letters@hindustant­imes.com

NEW DELHI: A Delhi court on Tuesday termed the evidence produced by Delhi Police against climate activist Disha Ravi, who is facing sedition charges for allegedly amplifying violence during a farmers’ protest by creating an online toolkit, as “scanty and sketchy”, and granted the 22-year-old bail in the case.

Additional sessions judge Dharmender Rana said there is nothing on record to establish any direct link between Ravi and pro-Khalistan activists of Poetic Justice Foundation (PJF) and also there is “not even an iota of evidence” brought connecting the perpetrato­rs of the violence on January 26 with the PJF or her.

The court also observed that there is nothing on record to suggest that the activist subscribed to any secessioni­st idea and there is absolutely no link establishe­d on record between

her and banned outfit Sikhs for Justice.

Ravi’s mother Manjula expressed relief at the order. “The trust I had in the judiciary of our country has increased. These were difficult days, I am glad Disha got bail,” said Manjula.

Judge Rana, who granted relief to Ravi on a personal bond of ₹1 lakh and two sureties of like amount, noted that the accused had “absolutely no criminal antecedent­s”.

“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 years old young lady, with absolutely blemish free criminal antecedent­s and having firm roots in the society, and send her to jail,” the judge said.

The court said that perusal of the said “toolkit” reveals that any call for any kind of 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 court said.

The court said the difference of opinion, disagreeme­nt, divergence, dissent, or for that matter, even disapproba­tion, are recognised legitimate tools to infuse objectivit­y in state policies. “An aware and assertive citizenry, in contradist­inction with an indifferen­t or docile citizenry, is indisputab­ly a sign of a healthy and vibrant democracy,” the court said.

“The right to dissent is firmly enshrined under Article 19 of the Constituti­on. 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 said.

It said that creation of a WhatsApp group or being editor of an innocuous toolkit is not an offence.

While observing that there is nothing on record to suggest that the applicant accused subscribed to any secessioni­st idea, the court said, “...the prosecutio­n has, except for pointing out that applicant/accused forwarded the toolkit to climate activist Greta Thunberg, failed to point out as to how the applicant/accused gave global audience to the ‘secessioni­st elements’.”

It said conspiracy cannot be proved merely on the basis of inferences which have to be backed by evidence.

The court directed that Ravi will continue to cooperate with the ongoing investigat­ions and join the investigat­ion as and when summoned and not leave the country without the permission of the court.

The court noted that more than hundreds of persons involved in the violence have been arrested and interrogat­ed by the Delhi Police but no evidence connecting the accused with the actual perpetrato­rs of the violence has been brought forth on record by the prosecutio­n till date.

COURT SAID CONSPIRACY CANNOT BE PROVED MERELY ON THE BASIS OF INFERENCES WHICH HAVE TO BE BACKED BY EVIDENCE

 ?? SANJEEV VERMA/HT ?? Climate activist Disha Ravi at the Patiala House court in New Delhi on Tuesday.
SANJEEV VERMA/HT Climate activist Disha Ravi at the Patiala House court in New Delhi on Tuesday.

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