Disha Ravi bail hearing: "If I approach a dacoit for temple donation, how do you say I'm privy to dacoity?" and other highlights

The hearing in the bail plea moved by Disha Ravi, an accused in the case registered by the Delhi Police over a Toolkit concerning the farmers' protests, took a few interesting turns today.

A live account of the hearing today can be read here:

Some of the more intriguing exchanges that took place in the court presided by Judge Dharmender Rana today follow.

As the State continued to oppose the grant of bail on grounds that the police have found links between Ravi and Canadian pro-Khalistani organisations, the Court was prompted to ask if any charge had been filed against the members of such organisations.

"Is there any other FIR? The Court asked

"Not yet," replied ASG SV Raju for the Delhi Police.

"How do we impute such bad credentials then?" the Court queried.

"By their tweets," Raju said.

"Is there any material?" the Court persisted.

To this, Public Prosecutor Irfan Ahmed asserted that the Poetic Justice Foundation also has a motive to promote Khalistan.

"So the Toolkit in itself is not incriminating?" the Court eventually asked,

To this, the State argued that if it is read with the Khalistani link, the manner in which it was implemented becomes incriminating.

"If I approach a dacoit for temple donation, how do you say that I'm privy to dacoity?"

Among other submissions, the State alleged that Ravi had created a WhatsApp group using her own number to collaborate on the Toolkit, which was allegedly linked to pro-Khalistani organisations. This conspiracy was unearthed following Greta Thunberg's tweet, it was contended.

While the State also argued that Ravi had attended Zoom meetings with members of pro-Khalistani organisations, the Court queried,

"If I'm attached with a movement and I meet certain persons with certain intentions, how do you impute the same intention to me?"

"These are persons who are internationally known to have a design," Raju responded. He added,

"These are not illiterate persons. They know what type of organization it is. It is presumed that they know. It is too far fetched. Why did she panic after the name surfaced?"

Not too convinced at this point, the Court queried again,

"If I approach a dacoit for temple donation, how do you say that I'm privy to dacoity? What is the material against her?"

"It is not that simple", Raju responded. "The court must look at the conduct... she's constantly in touch."

As the Court continued to quiz the State on whether there was any direct evidence to connect Ravi with violence that took place amid the farmers' protests, the judge asked,

"How is Toolkit connected to the violence? What is the evidence?"

"In a conspiracy, people may have different roles...someone inspired by the toolkit would be instigated to commit violence," Raju responded. He added,

"Because of the Toolkit, some elements put a flag...the first is violence. Toolkit precedes the violence. Go inside Delhi, do this, do that..."

Unimpressed, the judge responded,

"What's do this and that? What is the link?"

"Unless I satisfy my conscience, I don't move ahead"

"Unless I satisfy my conscience, I don't move ahead", the Court eventually told the State.

"Please look at the toolkit again," Raju urged the Court.

"This has to be read along with the hashtag and links. It is not a simple message. The links are inciting people. Asking them to march into Delhi. People are being told there is genocide in Kashmir...In that background, people are asked to go to Delhi. There is offence under section 124A (sedition)."

"Is there any evidence? Or are we on surmises on conjectures?" the Court asked.

"Kindly look at the circumstances," Raju requested, adding that "Khalistan movement is known to be violent. You ask people to read documents that aid hatred."

In a later part of the hearing, however, the judge again queried,

"What exactly is the evidence against this lady connecting her with the violence?...Please don't be repetitive. Apart from Khalistani link and that she was in touch...How do you connect the actual actors with these conspirators?"

"Conspiracy is meeting of minds. The requirement of law is that conspiracy is complete. Others have different roles. My intention was that a person reads it and gets swayed by it," ASG Raju responded.

"Should I assume that for now there is no direct link?" the Court asked, leading Raju to respond that the police is still investigating the matter.

The Court then asked the Deputy Commissioner of Police present at the hearing if the actual actors of the alleged conspiracy had been arrested.

"Yes", the DCP responded.

"Have you established any link?" the Court asked him, to which the DCP echoed the ASG in submitting that the investigation is on.

This prompted the Court to remark,

"Either I've not framed my query correctly or you don't want to answer it. What is connecting in the link between the conspiracy and the offence?"

The State, in response, reiterated that the Toolkit was used to instigate violence during the farmers' protests.

"Dushman and dushman dost hota hai"

Advocate Siddharth Agarwal began his submissions for Ravi by arguing that Ravi had no history linking her to Khalistan, and that there was no possible money angle either.

The judge, however, pointed out,

"There could be a third angle also. Dushman and dushman dost hota hai (the enemy of an enemy is a friend)."

"If highlighting the Farmers' protest on a global platform is sedition, then I am guilty"

Responding to the State's submission that they had found that Ravi created a WhatsApp group with her own number, which allegedly ties to the conspiracy, Agawal rebutted,

"They say it's her own phone number to create the WhatsApp group. If I'm planning such a big conspiracy, will I use my own phone? It is a factor in my favour and not against me."

He went on to contend that the issue here stems from Ravi highlighting the farmer's protests.

"Problem is that I spoke to Greta Thunberg and convinced her to support farm issues by a tweet...the tweet is not about Khalistan movement...If highlighting the farmers' protest on the global platform is sedition, then I'm guilty...If thinking otherwise is a problem...we're lowering the bar of thinking that someone may have an opinion different from ours," Agarwal argued.

In a later part of the hearing, however, the State re-asserted that the Toolkit must be seen in the context of what happened next.

"Toolkit is not to be seen in isolation. Of course it won't be found in pickets but you incited them. There is documentary evidence," Raju argued.

On allegations that Toolkit was targeting "chai and yoga"

The hearing also saw the Court raise queries over the FIR's allegation that the toolkit targets India's chai and yoga image.

"These have templates, websites etc. There were certain specific actions and targeting India's symbols. It's not just yoga and chai," the DCP answered, going on to refer to a document by the Poetic Justice Foundation.

"They're saying that the Toolkit has links to different websites. One links leads to a document which says the images of India related to yoga and chai should be disrupted," Agarwal explained.

The police, however, added,

"The way these templates are pushed.. it is a tool to make things viral and push falsehood. We saw that on 26th and probably on 3, 4, 5th."

The Court will pronounce its verdict in the matter on February 23.