In a stalemate for Delhi police, a city court on Tuesday reassured climate activist Disha Ravi, arrested for insurgency for allegedly sharing a ‘package’ in connection with the farmers’ protest on social media, keeping records that were not enough to detain a 22-year-old “young lady” with absolutely no criminal predecessor.
“The act of insurgency cannot be invoked to serve the wounded vanity of governments,” said additional hearing judge Dharmender Rana, and thought that citizens are the “conscience bearers” of government in any democratic nation and they cannot be put behind them. bars simply because they decide to disagree with the policies of the State.
“In an 18-page order, Judge Rana made some strong observations while describing the evidence produced by the police as scant and sketchy.”
The Bengaluru-based Disha was released from Tihar prison on Tuesday evening, hours after the judge announced his parole order.
Disha was released after prison authorities completed all formalities regarding her release, an official said.
Disha was arrested by the Delhi Police cyber cell from her home in Bengaluru on 13 February.
The Cyber Cell had set up a FIR against the “pro-Khalistan” creators of the “package” for waging a “social, cultural and economic war against the Government of India”.
“Given the scant evidence and available sketch recorded, I do not find any tangible reason to violate the general ‘Bail’ rule against a young 22-year-old lady, with flawless criminal predecessors and strong roots in company, and send him to jail, “Judge Rana said.
The court said there was nothing recorded to establish any direct links between Disha and the pro-Khalistan activists of the “Poetic Justice Foundation” (PJF), and also there was not a shred of evidence linking the perpetrators of the violence on 26 January in the national capital with PJF or her.
Keeping the creation of a WhatsApp group or being the editor of a harmless Toolkit was not a violation, he noted that Freedom of Speech and Expression includes the right to seek a global audience and that there are no geographical barriers to communication.
Let noble thoughts come to me from all directions, quoted the judge from Rig Veda and said that this 5000 year old civilization of ours has never been an abomination to ideas from different quarters.
He also reproduced the relevant parts of the toolkit in his order and said that his reading revealed that any call for any kind of violence is clearly missing.
Disha, who had been produced before Empire Chief Prosecutor Pankaj Sharma at the expiration of her one-day interrogation by police, who sought her further custody for four days, seemed relieved to hear that she had been given bail. She was previously in police custody for five days and in court detention for three days.
The activist’s parents said they were very relieved and happy and could not wait for her to return home.
They said giving the condition has strengthened their confidence in the legal system.
“I’m glad she got the condition. It has strengthened our trust in the system,” mother Disha Manjula told reporters in Bengaluru. Disha’s father, Ravi, was also present.
Manjula said their daughter had repeatedly told them to stay stronger.
Insisting that her daughter has done nothing wrong, Manjula expressed her gratitude to all who stood by Disha at the critical moment.
“I just want to hug him and feed him,” Manjula told NDTV.
Environmental activist Leo Saldanha on behalf of the ‘Coalition for Environmental Justice’ called the parole a “historic and constitutional” moment.
Judge Rana granted Disha relief for a personal bond of Rs one loop and two securities of the same amount.
The court said that change of opinion, disagreement, divergence, disagreement, or on that issue, even disapproval, have been recognized as legitimate means to fill objectivity in state policies.
A conscious and confident citizen, as opposed to an indifferent or obedient citizen, is unquestionably a sign of a healthy and vibrant democracy, he added.
“The right to dissent is enshrined in Article 19 of the Constitution of India. In my opinion, freedom of speech and expression includes the right to seek a global audience.
“There is no geographical barrier to communication. A citizen has the fundamental right to use the best means of giving and receiving communication, as long as it is permissible on all four sides of the law and as such has access to the audience abroad. “
The court said there is nothing recorded to suggest that there was any call, incitement, incitement or incitement by the accused and her organizations and collaborators mentioned by the police to incite violence on January 26, the tractor rally protesting farmers on Republic Day in the national capital had turned violent.
The court said that since the link to the said toolkit or PJF was not found to be contradictory, simply deleting the conversation on WhatsApp to destroy the evidence linking it to the toolkit and PJF also becomes meaningless.
She said the prosecution, except to point out that the accused handed over the package to climate activist Greta Thunberg, failed to show how the accused gave a global audience to the ‘detachment elements’.
The court at the same time said it was aware of the fact that it was very difficult to gather evidence for the act of conspiracy.
“I am also aware of the fact that the investigation is at a newborn stage and the police are in the process of gathering more evidence, however, the investigative agency made a conscious choice to arrest the applicant accused of forcing the material collected up to “now and now they can not be allowed to further restrict the freedom of a citizen on the basis of agile predictions,” the judge said.
The court said the conspiracy could not be proved simply on the basis of conclusions which had to be supported by evidence.
Decided that any person with questionable credentials could interact with a number of persons during the course of his or her social relationship.
As long as engagement / interaction remains within the four corners of the law, people who interact with such persons, unknowingly, innocently, or for that matter even fully aware of their dubious credentials, cannot be painted with it. same color, the court said.
In the absence of any evidence to the effect that the accused conciliator shared a common intent to cause violence on 26 January 2021 with the founders of the PJF, it cannot be assumed using assumptions or conjectures that it also supported secessionist tendencies or the violence caused on “January 26 simply because it shared a platform with people who have gathered to oppose legislation (farm laws).”
The court, however, set various conditions for Disha, including that she will continue to co-operate with the ongoing investigation and join the investigation when and when summoned by the investigating officer.
“She will not leave the country without the permission of the court. She will appear accurately at each stage of the proceedings before the relevant Court so as not to cause any hindrance or delay in her progress.”
Shantanu Muluk, who is charged along with Disha and Nikita Jacob in the vehicle packages case, meanwhile, relocated a court in Delhi seeking parole.
Muluk and Jacob are currently on bail.
(Only the title and photo of this report may have been revised by Business Standard staff; the rest of the content is automatically generated from a shared source.)
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