The Delhi High Court on Tuesday dismissed a plea moved by Climate Activist Disha Ravi, who is an accused in the 2021 toolkit case, sought modification of the condition of the bail order requiring prior judicial permission before travelling abroad.
The bench of Justice Swarna Kanta Sharma while dismissing the plea observed that there was no ground to interfere with the trial court order which dismissed her plea earlier.
Petitioner/Disha Ravi submitted that she was always cooperative during the investigation and the continuation of stated condition that is no longer necessary or justified to safeguard the interest of the prosecuting agency.
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 can’t be a ground to modify as the investigation of the present case is not completed yet.
Furthermore, the petitioner through plea 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 LOC that is already open against the applicant/accused.
She added in her plea, the investigating agency has never objected to the permission sought by the applicant/accused to travel abroad and she is not a flight risk.
Previously on August 9, 2023, the trial court Judge Additional Sessions Judge Devender Kumar Jangala dismissed the plea and stated that “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 as 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 Solicitor General of India which restarted the investigation with regard to remaining offences except 124A IPC.
The investigating agency 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.
The trial court Judge Devender Kumar Jangala in order stated that, hence I am also of the opinion that the modification of condition (as sought) at this stage would be detrimental to the investigation.
Bangluru-based climate activist 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 3 agri laws, and was granted bail by a trial court on February 23, 2021.
The Delhi Police registered an FIR against Ravi under IPC sections 124A (sedition), 120-B (criminal conspiracy) and 153A (promoting enmity between different groups) of the IPC.
