[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..[Breaking] Delhi Court sends Disha Ravi to three days judicial custody in toolkit FIR.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.Delhi Court reserves order in Disha Ravi's bail application in Toolkit FIR. .Pronouncement of order on February 23, 2021.

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

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