‘Sketchy evidence’: Delhi court grants Disha bail
Being editor of an innocuous toolkit is not an offence, observes court, slams Delhi Police
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