[Toolkit FIR] Delhi Court hears anticipatory bail applications by Nikita Jacob, Shantanu Muluk, Shubham Kar Chaudhuri: LIVE UPDATES

A Delhi Court is hearing the anticipatory bail applications fild by Nikita Jacob, Shantanu Muluk and Shubham Kar Chaudhuri in the Toolkit case.The hearing is progressing before Additional Sessions Judge Dharmender Rana..I've joined the investigation: Banerjee..Let annexure be supplied to him (Chaudhuri): Court.I need some time to peruse the reply : Advocate Soutik Banerjee. He seeks an adjournment. Banerjee appears for Shubham Kar Chaudhuri..Court adjourns Chaudhuri's bail application hearing till tomorrow. No coercive action till then: Court.No objection to adjournment by Delhi Police..APP Irfan Ahmed and Atul Srivastava appear for Prosecution..If I'm able to assist the court, I'll will peruse the reply: Banerjee.The court may continue: Atul Srivastava.It would be better if the court hears all matters together: Ahmed .Court proceeds with the other two anticipatory bail applications..19/2 notice was issued to me to join the investigation which I did.. I continue to be interrogated. Except for four days, I have been summoned everyday from 22/2 to 15/3.. I at times left at midnight. 18 days I've joined investigation: Grover.Grover says even members of Parliament in UK participate in the non violent movement started by Extinction Rebellion..In 2019, I started working with the global environmental movement Extinction Rebellion: Grover.I'm a 34 year old engineer. I have no criminal antecedents. I've deep roots in the society: Advocate Vrinda Grover begins hearing on behalf of Shantanu Muluk.I would not make a wrong averment of fact..I handed over my iPhone, iPad and one Dell laptop.. I got the sim card and phone of my mother and handed over to Delhi Police for investigation: Grover.I hope this is not disputed: Court.If there's any material.. I'm effectively in police custody.. to say that there is a strong likelihood that there is something would perhaps not withstand: Grover.Extinction Rebellion gets an Instagram communication from Ask India Why campaign to join a Zoom call along with a colleague: Grover.I've no knowledge, association or contact with Sikhs for Justice which is a banned organization. Poetic Justice Foundation..it is not a banned organization. I did not have any association with him. I've had contact for a campaign for the environment: Grover.Pan card.. everything has been provided. I've been confronted with Disha Ravi and Nikita Jacob. Whatever I've said has been corroborated. There is no contradiction: Grover.I have given answers to 115 questions (in writing)..my own bank details as well as my parents' have given: Grover.Grover says social media account passwords were also given on the first date itself. .Invite to the link comes on email. The first communication is on Instagram: Grover.It was on email and not Instagram: Srivastava.Can we get the communication: Court.Communication is on public domain. Two of us the zoom call on behalf of the organization. The call takes place on 11th of January: Grover.I don't understand how Instagram works.. who owns the account : Court.I'm told the link came on XR (Extinction Rebellion) email ID: Grover.They will share it : Court.It was an invitation given at personal ID of Shantanu: Srivastava.Do we have the Instagram invite available with us? : Court.Court asks the purpose behind the meeting..I've not been accessing any of them (media accounts) since I've joined the investigation. I've instructed the client to not touch any information: Grover.All three of us are on the same side.. both of you please assist me. The moment we understand this duty, we would not have disputes: Court.My instructions are that she was approached by Farmers Association: Grover.She was approached on behalf of Poetic Justice: Srivastava.Is there something objectionable to that name? : Court.Some lady called Punit sent the message: Grover.Banerjee explains how XR instagram was being operated..Grover says all of Muluk's social media platforms are with Police..How do I know that you are not feigning ignorance: Court.Ask India Why campaign was initiated by Poetic Justice Foundation.. nobody had heard on it. It is not a banned organization. Even today, I have no prior knowledge of who they are: Grover.I do not get to know this is Mo Dhaliwal. I learned later that he has an ideology.. that is not the subject of the Zoom call. I've no direct contact with him. I had never heard of Poetic Justice: Grover.I'm a listener in the Zoom call. I didn't participate. I was told the issue was around farmers protests. It was attended by 80 people. There were no comments on Khalistaan: Grover.Instagram account would show that it was not poetic justice: Grover.I created an email ID called scrapfarmsact@gmail.com.. simply the email ID. Then I created a blank Google document: Grover.I don't have any past or further Association. Poetic Justice Foundation has no mention of any mention of Khalistaan. Even today there is no mention. There is no record of any direct communication: Grover.They talk about Ask India campaign as a global issue: Grover..These are not areas where we can't talk to each other. We exchange ideas.. XR is a global organization. These are environment groups that work globally. Climate crisis will not be resolved by national territory: Grover.I collate information available in public domain.. then I make a link for solidarity videos and photos. I do not add any content. It is completely protected speech. Then I add a sample representation that could be sent to govt. Then a sample communication: Grover.Does that by any stretch make out any offence? I added six things. I made a map of protests taking place across the country: Grover.That doc was called the #toolkit. Absolutely incorrect to say that I'm the owner. The edit access is with everyone.. I've not done anything to the doc since 18/1: Grover.It's a common copy.. starting a Google doc is not a crime. Most lawyers offices are using Google doc: Grover.The owner is completely misleading.. the owner of a Google can't be one person.. : Grover.All of this is confirmed in confrontation: Grover.Grover refers to Genocide Watch link. It was not added by me.. : Grover.I add a hashtag. When you're working in social media.. it is important that the language is not cumbersome. So I use a hashtag Ask India Why. I've not added any hyperlink: Grover.I can't think of a more non violent, democratic form to express disagreement: Grover..If what I've collected is protected speech.. there's no 153A. There are no two communities. To say that I started a process which may lead to something, that process should also be illegal: Grover.Simply because one becomes inert after a point, one can't escape responsibility: Court.It can be easily verified (that no edits were made by Muluk after Jan 18): Grover.I've not added anything. I've nothing to do with PJF. My focus is Farm Laws : Grover.My role ends here. I didn't touch the toolkit after 18/1. There is no reference to any banned organization: Grover.No: Grover.You're not the owner: Court.They would only tell: Grover.Who accessed the tweet templates: Court.I've not accessed the doc.. : Grover.There is a reference to Tweet bank and templates.. these tweets are all post-January 26. It's a fact : Grover.The propensity to cause violence is completely missing. The threshold is not being met at all: Grover.Google doesn't need to prove it : Grover.We've asked Google: Srivastava.This tweet bank is after January 26: Grover.Grover informs the Court that she is representing the deceased's family..It is a matter of common knowledge that one protestor farmer died that day: Grover.One person dies on that day.. your honor may see the tweet: Grover.Grover reads certain tweets..I'm not asking anyone to mobilise a mob. I'm only saying add your voice, get the issue resolved : Grover.Grover reads further tweets which ask people to "raise voices"..Would that not be an appropriate thing to do.. even the hon'ble chief justice said that it should be resolved. Where is the violence here? : Grover.Grover reads one of the tweets calling for peaceful resolution..Who am I tagging and what am I saying.. : Grover.Grover further refers to the "Suggested posts Page". Grover reads the list of persons whose handles were sought..On the face of it, it can't be explained : Grover.We'll explain (that the tweets were before Jan 26): Srivastava .I come to Delhi and go to Tikri border. I work on participative democracy. I wanted to understand what was happening.. this is all verifiable. I worked on converting the toilets into eco-friendly toilets. I do not join the tractor rally: Grover.I don't have any role in sharing the toolkit. The earlier person said she shared the toolkit. There was no call for violence especially in the portion attributable to me : Grover.So far as 26 January is concerned, the investigation is going on. Some key persons are already in judicial custody. Nothing in that investigation has remotely said anything about me or toolkit: Grover.I only get to know in the evening what transpired. merely being present at Tikri would not attribute any criminality : Grover.A person goes there to say use ecologically friendly plates at langar..I simply go and contribute, look at it and come back : Grover.There is evidence to show my presence at Bhagat Singh rally even on January 26: Grover.Grover further speaks of the work undertaken by Participative Democracy..He talks about Panchayati Raj: Grover.I'm a volunteer. I've repeatedly answered this. I'm part of a group called participative democracy: Grover.They (Climate2025) give a list of all the movements they give fiscal hosting. There's nothing secret or nefarious taking place: Grover as she points out XR name in the list..Grover speaks of a contact with Climate2025, a UK company. It's a five year change making mission.. because XR is not an NGO. For any money to pass hands, there has to be process. One of the clients of Climate2025 is XR global : Grover.This is the training that I do.. I can prove it. I'll play a video for the court (on one of Muluk's training session): Grover.This is not sedition. Where is the tendency to violence? Where is the violence. None of the threshold are met : Grover.I'll reserve some right at the time rebuttal: Grover.I've understood your case. Anything else? : Court.John explains what XR is. John reiterates that XR is completely non partisan and non violent. It does these kinds of protests across the world. John speaks of the India Chapter of XR..Jacob is a practicing Advocate at Bombay High Court. She joined XR in September 2020: John.I was informed about the Zoom call. I don't remember if I first got the info or first joined the Group. They may confirm. My house in Bombay was raided on 11/2 and in that context, I gave a detailed statement to the Police : John.On 6/12/2020, a WhatsApp group was created called International Farmers Strike by Disha Ravi. I joined the group in January. In 24/1, I exited the group. This group is still on my phone: John.No funds have been transferred to me. I'm a volunteer: John explains how Jacob is associated with XR..They seized my electronic devices. I admit that I participated in the Zoom call. I did work on the toolkit along with others. My argument is so what: John.John reads the statement with regards with Zoom call..It was a 13 page statement. She's giving everything.. :. John.John narrates the events that happened in Bombay..Because I submitted the 13 page response, they de seal my apple phone. I'm told to be present on the next date. I'm not present on the next date. I leave a note for my parents that I'm going to Court. I draft the petition and mention my matter. Raid continued in my absence: John.Disha deletes the old document and shares the upadated version with Greta : John.On Jan 26, I host an Instagram live with an agricultural specialist. On 3/2, Disha Ravi shares the toolkit with Greta Thunberg. Since it was an outdated doc, I did live edit that toolkit on 3-4th night. It was visible who was editing. Nikita got a lot of hate: John.The first time I saw him was in special cell office. So much for conspiracy: John.On 3rd, I did live edit the updated toolkit. I've not done anything. I've not come to Delhi. I do not know my co accused including Shantanu Muluk. We live in different cities. There was no face to face meeting : John.I was part of the WhatsApp group. They got information but for my phone: John.The fact that I vanished from their gaze was noted by Bombay High Court and I was given transit bail for three weeks. My role is I attended a zoom call where I didn't know who was who. Assuming I did, my statement makes it clear what was the conversation: John.Even if it was not hyperlinked, anyone can go to Genocide Watch and see the report. It collates information: John John points out that there's content even on USA and other nations..Prosecuting agency should be mindful of the language that they use.. : John reads Delhi Police reply. What is the basis.. because the toolkit has a hyperlink to websites of genocide watch? Let's us not get over excited here. These are international organisations at work: John.Their own document says who is editing. It's not the two petitioners : John John refers to certain objectional tweets..We don't have to believe it. The country surely has a larger heart and intellect than to be affected by a public group: John.What is their case? That I spread rumours? They're not saying I incited violence. They're saying at best rumour mongering .. : John.What does this template do? It is definitely post Jan 26.. Standard people are tweeting it and getting as many as 15 likes. Will this effect the soul of republic of India? : John.It has 15 retweets and 29 likes. So much for disinformation: John.My participation in Zoom meeting is not an act of criminal conspiracy..my act of participating in the toolkit and even hyperlinking it is not sedition. I was not hiding behind any shadow. I was doing it (edits) for the world to see : John.Using "war" is a metaphor. Understand English language before you make allegations: John.For them it is one sided. We provoked. They don't say anything about themselves. There could be a counter view : John... rumour mongering has potential for violence: John.At best, we were at the stage of discussion..there was not even an iota of incitement: John.John continues to read..There are three stages. Discussion and advocacy. Both are not banned by law. Incitement is a problem. Role of all accused is of discussion and advocacy, and not incitement: John.John reads Shreya Singhal judgement on freedom of speech and expression..During the time of my bail order and 14/3, I have been interrogated for 16 days for 140 hours : John John says Jacob was confronted with Disha Ravi as well..John says each movement has a hashtag, refers to MeToo..They claim that evergreen means they have a tendency of secessionist and all of this was a facade..once you claim you are merely interested in farm laws.. : Court.Messages should be evergreen so that they focus on protests.. : John.Court asks certain questions with respect to XR. Query pertains to usage of word "evergreen" in an XR document..John reads another judgement..Did anyone arrested say they read it. It has to be linked in a factual aspect: John.The act of participating in Zoom meeting, linking websites.. did it incite any violence : John.Courts says what is the difference between discussion, advocacy and incitement..Protest should have a lasting message. I don't read it an secessionist at all. The message must survice repeal of laws. Economic welfare of farmers : John.John concludes..Has there been violence post 26th? They are still sitting there. There was an amazing sea of women on March 8: John .The toolkit came in public domain when Greta tweeted it on February 4: John.He is a chef.. : Banerjee as he lists the professional life of Chaudhuri.I'm a liaison in South Asia. I've no direct or indirect role in determining what work a person would do. I'm not even required to be informed of what a chapter would do : Banerjee.Because of my work and expertise, I'm an invitee to UNFCC .. he has a bonafide interest in the field of agriculture. I was not part of the Zoom call. I was not in any communication with Mo Dhaliwal or Poetic Justice or Sikh Foundation.. I'm not an active member of XR: Banerjee.As a liaison person, I have a broadcast list which every journalist friend in the room would have. I'm not uniquely sending the link to someone in Pakistan. There are XR chapters in Lahore, Islamabad and Karachi : Banerjee.I've never even opened the toolkit. I've never even seen it. The only role attributed to me is that I forwarded a link of the tweet bank to certain people in Pakistan: Banerjee.Banerjee refers to his contract with a climate 2025. You can get a copy from them to see that I'm getting a living expensive.. (allegations are) that I have foreign funding and that I've sent communication to Pakistan : Banerjee.After I was asked to join investigation, they came to my place in Goa and took my devices: Banerjee.I'm a liaison officer. I'm admitting that: Banerjee.I was added to the WhatsApp group and I left it much prior to the document coming into existence. They can check from my device: Banerjee.I'm a liaison person who gets thousands of messages every day : Banerjee.Where is the active participation? Just because you want to drag me in to get a Pakistani angle : Banerjee.Banerjee reads the Police reply. I've never interacted with Mo Dhaliwal. This is a cut paste of thr earlier two replies. My liberty is at stake. They have callously labelled the same allegations against me : Banerjee.The kind of reply they have filed. They have not even shown me the dignity of filing an independent reply : Banerjee.Banerjee argues that there is no reason why anticipatory bail should be denied..I broadcasted the tweet bank to my list. I didn't even open it. The people who received messages in Pakistan are part of their XR chapter. Sending messages to people in Pakistan is not a crime : Banerjee.There is no communication between me and Poetic Justice Foundation. You are making an averment that I was engaged by them to act in furtherance of their agenda : Banerjee.If you think there is FCRA violation, we will respond to it : Banerjee.In August 2020, I also took on the role of media organiser. The contract was from February 2020. This was pre farmers protest. My contract can't be painted an foreign remittance.. this is not hawala. All of this is bank transaction: Banerjee.I've joined investigation in Goa. I answered a questionnaire of 46 questions. I traveled to Delhi on March 9.. I'm not CyPad office everyday : Banerjee.This is attempt.. Ask India is Sikh dissent: Srivastava.They will have to read section 124A: Srivastava as he reads Section 124A..Srivastava explains what "attempt" is..I will verify the credentials of the person (before joining a meeting) : Srivastava.It's about the way we are saying. It is perspective: Srivastava.Srivastava urges to see what is Ask India Why..They are arguing that they are very noble persons: Srivastava.This is not healthy critisism. Once you say India or State, you can't critisize: Srivastava.What kind of hashtags has he used prior to this. That's the reason why he was chosen : Srivastava.This is Shantanu.. : Srivastava reads Shantanu's tweet on Kashmir. This gives a bad smell. .Even the Supreme Court dismissed it when it was challenged.. don't provoke someone : Srivastava.Srivastava refers to recent fake order on inquiry against bail orders..Your intension is not to support farmers. Your mobilization is.. don't stop here. This creates a doubt : Srivastava .Court asks what if they wanted to keep the movement alive till the last man in queue gets his due..You hidden agenda is to take advantage of the issue. They want to piggy back. We will continue to incite against India.. : Srivastava.This Mr Dhaliwal is Canadian .. they want pro Khalistani. Would we want to join such type of person? : Srivastava.What is Genocide. They are using hashtags.. what is cheat sheet. It is a summary of toolkit: Srivastava.They should be very sensitive prior to putting any links : Srivastava.Criticism of government is different. Shouting slogans once or twice is not enough.. they are attracting people of like bent (through cheat sheet) : Srivastava.When they have come to know that the information is factually incorrect, they started making amendments: Srivastava.What is the need of corrections? You wanted to spread the rumour: Srivastava.We have seen how they were driving the tractor..: Srivastava.Such types of kinds give your intention. Now we're giving special importance to social media. You were intentionally chosen by Mo Dhaliwal and Ask India.. why only two people were chosen from India?.: Srivastava as he refers to certain Kashmir related hashtags..Why are you creating such things. It is your own act: Srivastava.Srivastava says that information regarding remittance of money from foreign countries was not shared with Police..Money was coming from Jeddah. It's not from England or something: Srivastava The Foreign Exchange is in Jeddah: Grover You leave so many gaps for me: Court Investigation is at initial stage: Srivastava.The accused persons have been joining investigation. Interrogation of a person armed with bail and person in custody makes a difference: Ahmed.So you have to satisfy that the arrest is imminent: Court .Shantanu was carrying one more mobile phone.. the argument that he was confined to Tikri border is not correct. Scrutiny of that phone will show.. : Ahmed.At this stage, there are two ways. You say arrest is imminent, are evidence on record. or you say that more evidence is yet to come : Court.It is for the investigating agency to say (if arrest is required) : Srivastava If you are satisfied that arrest is imminent, we will continue on merit: Court We want custodial interrogation because he was selectively deleted images from his device : Srivastava.Shantanu deleted images from iCloud. Whatever was in the device, we can't take it : Srivastava .What will your do in custodial interrogation then: Court .You can't do it to create fear. You have to show me how you would collect evidence during interrogation : Court.We'll resume in ten minutes: Court.Hearing resumes. .It is a technical investigation. I request the court to hear me out : Delhi Police officer..Almost entire activity of creating the document took place online.. there are close to 7-8 apps. Zoom, signal etc. Google doc was there. One person was owner. And others were editors. The owner gives the right to edit: Officer.There is Twitter. We've already asked Twitter about the templates. They are posted across the globe. There's Instagram, Facebook: Officer.It takes a lot of effort to get info from them. Platforms such as Signal are known for not being helpful to law enforcement agencies: Officer.The period that was provided was used by accused persons to delete data. The entire log of his device.. he has deleted specific photographs from the day of the violence. He has deleted location data. These are not information in public domain: Officer.These data were protected by password. What was the need of deleting the data. They are using the most advanced operating systems.. we are working on it : Officer.He was using an apple device. That iPad was completely clean. iCloud account was changed : Officer.This is the antecedents of the person who deleted incriminating data.. : Officer.Today this application gets disposed of either way. Tomorrow you find that there is something every crucial and he refuses to come. Your entire investigation is thwarted. Do you have enough material right now to justify his arrest? : Court.Court notes that technical aspect of investigation is time consuming..You are aware of your material..if you are satisfied that arrest is imminent.. : Court .Shantanu has done mischievous act: Srivastava.As an when there is evidence, we will give notice of arrest : Srivastava.For me, they are not giving me this liberty: Grover for Shantanu.Let him take a call : Court.Srivastava says the court may that notice be issued to them.. I'll adjourn it. You take an official call : Court.We will continue to be available for investigation : John.All of us can be given advance notice : Grover You yourself say technical analysis will take time : Court The offer must come from their side : Srivastava.If they find reason and material, they will give us advance notice of seven days and we may be protected in between: John.If this proposal is acceptable, fine otherwise we will continue : Court.Based on the conduct of accused, custodial interrogation would be needed. We are dependent on foreign based service providers.. : Delhi Police officer.We don't want to have a situation where we are denied custodial interrogation: Officer.Should I dispose it of then? : Court We need interrogation: Officer.Police agrees with the arrangement. Court begins dictating the order..APP argues that investigation is at initial stage which requires technical analysis: Court.At this juncture, it is proposed by defense counsel that to be fair to the agency, they are willing to withdraw subject to the condition that if in case arrest is imminent and unavoidable, seven working days advance notice shall be served on accused persons: Court.Accused may exercise their legal remedies then. Police accedes to the request..Applications disposed of.

[Toolkit FIR] Delhi Court hears anticipatory bail applications by Nikita Jacob, Shantanu Muluk, Shubham Kar Chaudhuri: LIVE UPDATES

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