[Toolkit case] Reason why bail should be denied is tampering with evidence: State opposes Disha Ravi’s bail plea - LIVE from Delhi Court

A Delhi court is hearing the bail plea moved by Disha Ravi, an accused in the Toolkit case. Ravi's judicial custody had been extended by three days yesterday after the expiry of her five-day police custody.

Ravi was apprehended by the Delhi Police last week, on Saturday night alleging that she had made edits to a Google document that was shared as a “toolkit” related to the ongoing farmers' protests.

The toolkit has been the basis for the case registered by Delhi Police after Swedish climate activist, Greta Thunberg had tweeted the same expressing support for the farmers' protests.

The Delhi Police has claimed that the “toolkit” itself was created by a Khalistani group, Poetic Justice Foundation and was edited by Disha Ravi. It was Ravi who shared the same with Thunberg, the police alleged.

Live updates of the hearing today feature here.

Learned ASG SV Raju will argue the matter..he will come at 2 pm: Public Prosecutor Irfan Ahmed.

You should have told me. I came for this matter : Court

Court interacts with ASG Raju virtually.

We'll have it at 2 pm : Court

Hearing adjourned till 2 pm.

Hearing to start in five minutes.

Advocate Siddharth Agarwal appears for Disha Ravi.

I have a legal submission to make: Prosecutor Irfan Ahmed.

Our prayer for Judicial custody was with a rider. Since the accused was evasive and reply needed to be confronted with co-accused and we have issued notice to Shantanu.. the accused needs to be in Judicial Custody till February 22 only: Ahmed

On February 22, we would again seek the police remand. That request was accepted and the order has not been challenged: Ahmed

This application is premature: Ahmed

Where is the legal bar? That because of that order this application can't be..: Court

Where is the provision which says that order has a legal bearing on this?: Court

Our submission is that this application is premature. My primary prayer was to send her to Judicial Custody in view the circumstances: Ahmed

We'll record your submissions: Court

There is some incriminating evidence that can't be shared with them: Ahmed

Sealed cover?: Court

Yes: Ahmed

You said there would be an affidavit .. where is the affidavit?. Even if there was no submission to this effect, it is the requirement of law: Court

We will put in on affidavit: ASG Raju

Do it during the course of the day: Court

I need arguments on three basic contours. Prosecution story, allegations and nature of evidence: Court

ASG SV Raju is appearing before court through virtual mode.

You are not audible properly. You are audible in pieces: Court

I would ask your associates to log off to avoid unnecessary load: Court

There is an organisation Poetic Justice Foundation. The founder is Dhaliwal and Amita Lal. This organisation advocates a Khalistan state. It's tweets etc are in social media: Raju

It mobilises support for this cause. This Foundation wanted to take advantage of Farmers Protests and carry out its activities: ASG Raju reads the reply submitted by Delhi Police

This includes the present petitioner. A scheme was devised .. it is not innocuous as it appears. The purpose of Toolkit prepared in conspiracy with accused in Canada shows an offence under section 124A has been committed: Raju

They created a WhatsApp group, International Farmers Strike.. there were attempts to get in touch with Poetic Justice Foundation: Raju

On 11/1/2021, a zoom call was made with with Dhaliwal and other co accused, associates of present Petitioner. There was no need for it. They had the zoom meeting: Raju

After the meeting, one of the co conspirators leaves a message thanking the Poetic Justice Foundation. They were in conspiracy is PJF: Raju

Disha is closely connected and requests for another zoom meeting .. it is not one meeting but 2-3 scheduled meeting: Raju

Certain material is put on website.. the Toolkit may look innocuous but it is not.. after some drafting, it was shared on WhatsApp group for comments. It was finally shared with Poetic Justice Foundation. There was no reason for this: Raju

What is this Toolkit?: Court

It is annexed. It starts at page 21: Raju

You can call it a pamphlet..: Agarwal

Sikhs for Justice is a banned organization under UAPA: Raju

These Khalistan elements were in pictures..flag was to be hoisted.. the other front is Poetic Justice and toolkit was prepared: Raju

They came with the hashtag. This was initially meant to be circulated among few persons on social media. It was leaked on social media . A cover up operation was done and there was deletion: Raju

If nothing to as wrong, there would not have been deletions. There was no need to delete (messages): Raju

This was a facade.. to take advantage of Farmers' Protests and run their agenda: Raju

This particular email is removed..the identity was petitioner is revealed. The petitioner was behind it: Raju on edits to toolkit.

Raju speaks of a "Farmers Protests cheat sheet" on "current genocide alert" and a "Ask India" hashtag.

This toolkit was clearly designed. You are taken to sites that defame Indian Army..how Indian Army committed genocide in Kashmir: Raju

The IO can give a copy. This (what I'm reading) is still on the website: Raju

The cheat sheet is not in public domain: Ahmed

IO and Raju tries to explain to court how to access the cheat sheet and other material.

There's Genocide Watch India Kashmir.. : Raju

What's the objectional paragraph?: Court

Raju reads the paragraph.

The passage speaks of history of India Pakistan, self-determination, armed resurgence etc.

Raju reads passage on Genocide Watch for Assam.

I'll go through it: Court

When you read the Toolkit, you are redirected to these material. This is the purpose. With all this background, people are saying that India is committing genocide in Kashmir: Raju

People are then asked to organise solidarity protests: Raju

Raju continues to read.

This all by Poetic Justice, the Canadian organization. They want somebody to put the flag on Red Fort. You create a movement..: Raju

In the update, Poetic Justice is removed .. it is under the garb of Farmers Protest.....Indulge in anti-national activities: Raju

Emails have been deleted. You can't find who has done it. Before the January 26 violence, they prepared a template and prepared details to be shared with persons: Raju

They prepared in advance what kind of detail have to be shared.. these many persons killed.. to spread false..kindly have a look at the reply: Raju

Raju argues that they artificially amplified false narrative post violence.

They worked in a coordinated manner to sabotage the Republic Day.. the Poetic Justice is carrying the agenda of protests globally. This is not a coincidence. It is well planned: Raju

Maybe some persons are inside also. They wanted an inside face. A facade was created that it was done by farmers: Raju

Raju speaks of anti Indian forces that created large scale violence on Republic Day.

I'll show that this constitutes sedition: Raju

Raju continues to read the reply, informs the Court of the search conducted at the house of Nikita Jacob who now has limited bail.

Nikita Jacob was absconding. She had the right to edit the toolkit. She removed the evidence. This is the working of a guilty mind: Raju

Names of others are deferred as investigation is ongoing: Raju continues to read.

Organization named Kisan Ekta company is in touch with organization in Vancouver. It is the top place for Khalistan: Raju

There are links with Kisan Ekta Company: Raju

It it was a simple innocuous activity, you wouldn't have had a conference with pro Khalistan persons: Raju

Shantanu physically came to Delhi.. he was trying to see that something happens: Raju

There was no need to share this Toolkit with Poetic Justice Foundation. It shows your intent. Your intent and design was sinister: Raju

One of the purpose was to say that Police would react violently. The police did not but there was an attempt to say .. : Raju

Raju informs the Court about the Greta Thunberg's tweet.

She shared it with Greta Thunberg who accidentally or otherwise put it on social media: Raju

They did not tell the truth. Under sec 161, you are bound to tell the truth unless it is self incriminating. She denied in spite of creating the WhatsApp Group : Raju

She lied to the Police saying I don't know anything about the Toolkit. We have the phone number that it was in ... name: Raju

Raju continues to read.

She is deleting, destroying evidence. Reasons for denying bail is tampering the evidence: Raju

Investigation is at the nascent stage. We are yet to confront her with other accused. She later admitted that she deleted (the WhatsApp group)...her lie was caught and she admitted that she created the group: Raju

She is not cooperating with the investigation. This is just preliminary investigation. We have to send it to FSL and experts to recover what has been deleted: Raju

Court breaks for two minutes.

Hearing resumes.

They wanted people to come inside Delhi. Whatever happened in Delhi on January 26, is because people came inside : Raju

She was the one who reached out to Greta Thunberg: Raju

Disha, Nikita are the local corroborators of a sinister plan: Raju

Raju continues to read. Outside Poetic Justice Foundation and Sikhs of Justice.. they used Disha as a front to carry out their nefarious activities: Raju

Disha created the WhatsApp group whose function was to create the Toolkit: Raju

Raju continues to read his submissions.

Disha Ravi deleted group chats on her links with Poetic Justice Foundation .. destroying evidence: Raju

Even the email is deleted in newly updated Toolkit: Raju

She asked Greta Thunberg to delete the document. If it was so innocuous, why did she ask Greta Thunberg to remove? This shows there was a sinister plan behind this toolkit : Raju

Systematic effort was made to remove everything and completely replace the old content: Raju

Raju refers to Greta and Disha Ravi chats.

Why was she worried that her name would come up.. ? This requires thorough investigation..The design was to defame india..that Khalistan ... is out on red fort: Raju

Raju contests the Bombay High Court order giving transit bail to Nikita Jacob. I can't see the propriety of that order: Court

That order was not on merit: Raju

I got your point: Court

Disha was evasive, shifted blame to Nikita and Shantanu: Raju

Yesterday, we didn't ask for further remand because we have asked the other accused to join the investigation: Raju

If she is enlarged on bail, custodial interrogation would be frustrated..we have just begun our investigation. Large volume of data is to be analysed: Raju

She might tamper and destroy evidence. She may be having another laptop and mobile phone. We don't know: Raju

She may indulge in similar activities: Raju

There are persons with strong Khalistan link. One is Peter Fredric.. the common link is Khalistaan. Other person is Simon: Raju

An attempt was made to Simon to see whatever material was there is removed.. : Raju

Prima facie we have evidence to say that it is not innocuous: Raju

Please answer a few queries. Is Poetic Justice Foundation a banned organization? : Court

No: Raju

What about the founders? Are there any FIRs?: Court

We can add at any stage: Raju

Is there any other FIR?: Court

Not yet: Raju

How do we impute such bad credentials then?: Court

By their tweets : Raju

Is there any material?: Court

Motive of Poetic Justice and Sikhs for Justice is the same. There is a video also of him: Ahmed

Court is shown certain documents

There are documents where he (Dhaliwal) says I'm a proud Khalistani : Ahmed

This is a planned conspiracy: Raju

What about Anita Lal?: Court

She's also a founding member of PJF: Ahmed

Ahmed speaks of the Zoom meeting held on 11/1/2021. This is attended by Dhaliwal and Lal. In India, it is attended by Nikita and Shantanu: Ahmed

So the toolkit in itself was not incriminating? : Court

Ahmed refutes. ASG Raju says yes.

If you read with the link then it is: Raju

When you read the contents, you see there are so many things behind it: Raju

The way the Toolkit was implemented, it becomes incriminating. It was shared by Shantanu with Poetic Justice Foundation: Ahmed

Disha Ravi says she has read it. She consented to the fact that Toolkit was to be shared with Poetic Justice Foundation and it has been shared with. For its execution, Shantanu remained in Delhi from January 20-27th: Ahmed

Ravi used her own phone number to make the WhatsApp group. She used it to tweet with Greta Thunberg. On 3/2/2021 the conspiracy was unearthed because of Greta's tweet: Raju

Accused wanted to make the agitation international. There is ample evidence to say that the accused were in touch with PJF and banned organization Sikhs For Justice: Ahmed

Purpose was to facilitate to Khalistani movement: Ahmed

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

These are persons who are internationally known to have a design : Raju

Not everyone may know: Court

Then the court should look at the subsequent conduct: Raju

Even if I know the intention, yet I approach them ..: Court

Investigation is still under progress : Raju

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?: Raju

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

It is not that simple..the court must look at the conduct.. she's constantly in touch: Raju

How is Toolkit connected to the violence? What is the evidence? : Court

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

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

What's do this and that. What is the link?: Court

Unless I satisfy my conscience, I don't move ahead: Court

Please look at the toolkit again: Raju

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.. : Raju

In that background, people are asked to go to Delhi. There is offence under section 124A: Raju

Is there any evidence? Or are we on surmises on conjectures? : Court

Kindly look at the circumstances: Raju

Khalistan movement is known to be violent. You ask people to read documents that aid hatred: Raju

In case of difficulty, you can reach out to Poetic Justice. It is interlinked. It is not simple. It is intertwined with Khalistan movement: Raju

She was involved in the progress. It's not that innocent. She's not the only one who is involved: Raju

You are aware that violence is going to take place. Even if bandh is organised, Supreme Court says you are responsible (for any violence) : Raju

It is James Martin vs State of Kerala: Raju

Can you please email it to us?: Court

Raju reads the judgement.

Today it is not a simple case of bandh. It is a toolkit with the background that I explained: Raju

Even an attempt is sufficient: Raju

Raju moves on to another Supreme Court judgement.

If you've concluded, I'll give him (Agarwal) an opportunity: Court

I'll deal with the law : Raju

Raju reads a judgement.

Even an intension and tendency to create disorder is sufficient. Here there was a disorder: Raju

The result was public disorder and disturbance of public peace.. your Toolkit showed India is bad country, it is killing Muslims. The flag was hoisted : Raju

We still want to investigate. We will certainly discover other things.. we will be required to have a second look : Raju

We still want to investigate. We will certainly discover other things.. we will be required to have a second look : Raju

A separatist flag was put on Red Fort. 100s of policemen were injured : Raju

The court cannot enlarge Disha Ravi on bail at this stage. Persons involved in tampering cannot be given bail: Raju

There is a video of Dhaliwal saying he is pro Khalistani : Raju

It's not an issue. The Prosecutor has shown me that : Court

What exactly is the evidence against this lady connecting her with the violence? : Court

Please don't be repetitive. Apart from Khalistani link and that she was in touch.. : Court

These two are females.. Shantanu was a male who was sent to Delhi: Ahmed

She was not in Delhi to participate in violence. If we go into the background.. : Ahmed

How do you connect the actual actors with these conspirators?: Court

Ravi was connected to Poetic Justice Foundation.. : IO

The execution of conspiracy is different from the conspiracy: Raju

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 : Raju

Should I assume that for now there is no direct link? : Court

We are still investigating : Raju

Have you arrested the actual actors? : Court

DCP: Yes.

Have you established any link? : Court

DCP says investigation is on.

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

Ahmed reiterates that his submissions that toolkit was used to instigate persons.

Agarwal begins for Disha Ravi.

I'm not saying don't investigate: Agarwal

The case is that there is a Khalistan conspiracy which took advantage of Farmers Protest and further their agenda: Agarwal

I'm 22 years old living in Bangalore. My history has nothing to do with Khalistan: Agarwal

There's no angle of money also: Agarwal

There could be a third angle also. Dushman and dushman dost hota hai: Court

They do not indicate any predisposition to attach her to the cause. She's not a rebel without a cause. Her cause is environment and agriculture: Agarwal

Fridays For Future is the only organization with which I'm alleged to have a connection: Agarwal

They specifically allege with Poetic Justice: Court

They say I spoke with them not that I'm a part of it : Agarwal

There's no single set of allegations of association with Sikhs for Justice : Agarwal

There's no connection with Poetic Justice Foundation. The fact that somebody sitting outside challenges someone to do something... There's no connection with me: Agarwal

The only banned organization is Sikhs for Justice: Agarwal

If I meet someone in some context, how am I to know that secessionist. He may be a secessionist in one aspect of his life and not in others: Agarwal

Jiska koi nahi, uska conspiracy: Agarwal

As per your knowledge, Poetic Justice activities have been around since October 2020: DCP

Agarwal says he doesn't know about PIF.

For an organisation that came up now, how is anyone to know? : Agarwal

Agarwal comes to the issue of Zoom call.

Nikita and Shantanu attended the meeting with 60-70 others including Dhaliwal. Not me: Agarwal

Starting was the zoom meeting. It is possible that I attended some zoom meeting and there's a WhatsApp group where people are messaging: Agarwal

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

Assuming I attended the meeting, what did I do? I spoke: Agarwal

Is the toolkit offensive? Or that it came out and there was a conspiracy. Please see section 124A. I'm not making speeches: Agarwal

The toolkit itself is not seditious. I've to put background and everything to say I'm seditious: Agarwal

Agarwal reads section 124A IPC.

The upshot is an utterance that is seditious. The communication should have the ability to cause disaffection.Toolkit has no disaffection: Agarwal

Today prosecution says it's not in the Toolkit. It will be found elsewhere because these people are bad. This is not sedition: Agarwal

The punishment is life imprisonment or zero to three years or only fine. I can't start with the presumption that it is a grave offence. It is punishable with only fine also : Agarwal

Please consider this when the court looks at bail. At the end of the tunnel, I may get out with fine : Agarwal

Five days police remand was there. I'm extremely surprised with the submissions that there could be more devices. You weren't sleeping. You didn't take me to Bangalore even once for searches : Agarwal

What will happen after three days? It's intriguing that the allegations against me.. why do they want my police remand on February 22 : Agarwal

According to the prosecution, Nikita and Shantanu are central figures. Can I then shift blame? Are they saying they're not central figures? : Agarwal

On February 22, Shantanu will come with protection from Bombay High Court and I've to be in custody? : Agarwal

For ten days he can't he arrested : Agarwal

It's an interim bail kind of thing : Court

The order was Feb 16: Agarwal

Till February 25 he can't be arrested. For Nikita, we don't have the order. According to newspaper, it is three weeks : Agarwal

The order is not directed against Delhi police : Raju

But it is binding on me : Court

I could have understood if two people were in custody..if two people can join investigation, even I can..I will not leave Delhi. I'm not here to obstruct any investigation.. I'm only seeking that balance : Agarwal

Today the ability to keep a person in custody.. can the job be done without problems from my end? : Agarwal

I don't want to get into a lot of merit. PJF is not banned. Dhaliwal and lal are not banned. There's no public assessment (of their motives) ..they are just trying to fit things here and there: Agarwal

Did you find the Toolkit with persons who hoisted the flag or indulged in violence? : Agarwal

Did you find the Toolkit with persons who hoisted the flag or indulged in violence? : Agarwal

Apart from investigating agency, there's no one else. That's not evidence. 149 people have been arrested. Is there any person who spoke to me? Or has seen the Toolkit : Agarwal

Someone put a graffiti on Embassy in Rome and it is the Tookit's fault : Agarwal

There's nothing to say put a flag, or indulge in violence. It just says that you march. Probably that the march is bad but Delhi Police itself gave the permission : Agarwal

Marching in Delhi was before Supreme Court who said it was for Delhi Police to decide. Delhi police allowed the march. And if I tried to make people aware of it, it is seditious? : Agarwal

I'm not the organizer. Is the organizer facing sedition? If rally is legitimate ground of public grievance, I've not done anything wrong : Agarwal

Solidarity messages and photo video... it's not an issue. Digital strike is that you tweet: Agarwal

What is physical action? That I go there and stand with a placard. It's not saying that you pelt stones : Agarwal

Can this be sedition? : Agarwal explains the Toolkit.

The linked website is still available for years. It's one of the many international NGOs. It says there are 40 countries facing genocide issues : Agarwal

Whether is is Kashmir or Assam, people have different opinions: Agarwal points out that there are judgments on conduct of armed forces.

Agarwal reads from the website.

If telling people have there is something that has happened or could happen is sedition, we should shut down all internet everywhere. Zamana tha Doorshan wala! : Agarwal

Neither expressly or impliedly there is a call for violence: Agarwal

If I complaint about my RWA with the municipal corporation, somebody may have a problem with it but it is not sedition: Agarwal

Agarwal addresses the issue of deletion of WhatsApp.

Unfortunately for this girl, her fears are coming that she didn't do anything wrong but people may interpret it differently: Agarwal

Electronic evidence can be easily recovered. Not just from my evidence but other devices too. Please make my conduct as relevant as the law permits it to be : Agarwal as he points out that offence of destruction of evidence is bailable

There is no necessity today. I'm not saying don't impose conditions on me. That's the only way to balance the interests of both sides : Agarwal

Agarwal presses for grant of bail to Disha Ravi.

I didn't come to Delhi. I've no connection to Delhi. The whole issue of deletion and lying should be taken with the fact that these are statements made to police officers : Agarwal

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: Agarwal

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: Agarwal

Do you have something more? Or I'm listing it for orders: Court to ASG

The issue of her history, geography is irrelevant. PJF may not be banned. The person with whom you are interacting is a staunch Khalistani: Raju

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

Where is this documentary evidence? : Court

The link.. : Raju

You click on the link, you will get to know it is a Khalistani movement: Raju

The audience of the Toolkit is also Khalistani. It requires us to march into Delhi: Raju

Other part was hoist a flag. You can't read it in isolation: Raju

Under IT Act, government has the power to block the websites but these websites are not blocked: Agarwal

Court questions Delhi Police with the FIR alleging that Toolkit was targetting chai and yoga.

DCP: These have templates, websites etc. There were certain specific actions and targeting India's symbols. It's not just yoga and chai.

DCP refers to a PJF document on targeting yoga and chai.

They're saying that the Toolkit has links to o different websites. One links takes to a document which says the images of India related to yoga and chai should be disrupted: Agarwal explains.

These tools are in the form of hyperlinks. It may take you to google drives, literature.. : Officer

I'm still not sure. One genocide is pointed out. Is it there something else? : Court

Officer speaks of a tweet storm preempting violence for artificial amplification.

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

Violence is something which is going on : Officer

Put up for orders on Tuesday: Court