Climate Activist Disha Ravi, who is an accused in the 2021 toolkit case, has moved the Delhi High Court seeking modification of bail condition of seeking prior judicial permission of the trial court before travelling abroad.
The petitioner submitted that the applicant was always cooperative during the investigation and the continuation of said condition is no longer necessary or justified to safeguard the interest of prosecuting agency.
The counsel appearing for Delhi Police opposed the plea and submitted that merely because a bail condition is found to be inconvenient to the applicant, it cannot be a ground to modify and the investigation of the present case is not yet completed.
The bench of Justice Swarna Kanta Sharma on Monday after noting submissions, reserved the order and said the order will be passed today itself around 4 pm in the matter.
The petitioner further stated that on previous occasions, she has been granted permission to travel abroad and she never misused the liberty.
The investigation of the present case has been put on hold by Apex Court and the Look Out circular (LOC) is already open against the applicant/accused.
The investigating agency has never objected to the permission sought by the applicant/accused to travel abroad and she is not a flight risk, she added in her plea.
On August 9, 2023, Additional Sessions Judge Devender Kumar Jangala dismissed the plea and said “No ground for modification of condition(c) of bail order dated 23.02.2021 is made out and the application under Section 439(1)(b) of Cr. PC moved on behalf of the applicant/accused Disha A. Ravi is dismissed.”
The trial court while dismissing the plea noted that the prosecution has explained the justified ground for its failure to conclude the investigation. Till today, the proceedings with regard to section 124 A IPC has been stayed by the Supreme Court of India, and the prosecution after obtaining an opinion from the Solicitor General of India has restarted the investigation with regard to remaining offences except 124A IPC.
The investigating agency has explained that the offences being investigated, involve suspected persons who are based in several foreign countries and the investigating agency is in the process of collecting important evidence in respect of these suspects from the relevant agencies and intermediaries.
“Hence I am also of the opinion that the modification of condition (as sought) at this stage would be detrimental to the investigation,” said the trial court Judge, Devender Kumar Jangala in an order.
The Bengaluru-based Disha Ravi was arrested by the Delhi Police on February 13, 2021, for allegedly being involved in sharing on social media a “toolkit” related to the farmers’ protest against the Centre’s now-repealed three agriculture laws, and was granted bail by a trial court on February 23, 2021.
The Delhi Police registered the FIR against Ravi under IPC sections 124A (sedition), 120-B (criminal conspiracy) and 153A (promoting enmity between different groups) of the Indian Penal Code.