There is no evidence to show that the toolkit on farmers' protest is responsible for the violence on January 26, activist Disha Ravi's counsel told a Delhi court which reserved for Tuesday its order on her bail plea.
The court was hearing Ravi’s bail plea.
Delhi police told the Delhi High Court that the document shared by climate activist Disha Ravi was not just a toolkit and said: “the entire purpose of making this toolkit was a conspiracy between the accused.”
Ravi's counsel was submitting arguments after the Delhi Police opposed her bail plea, alleging she was preparing the toolkit with those advocating Khalistan and was part of a global conspiracy to defame India and create unrest in the country in the garb of farmers' protest.
"If highlighting farmers’ protest globally is sedition, I am better in jail,"Ravi told the court through her counsel.
Additional Solicitor General S V Raju, appearing for the Delhi Police, told the court that the hyperlinks in the toolkit connected people to Khalistani websites that propagate hatred towards India.
"This was not just a toolkit. The real plan was to defame India and create unrest here," he said.
Delhi police told the court that Disha Ravi deleted WhatsApp chats, emails, other evidence and was aware of legal actions which shows there was a sinister design behind this toolkit.
“Disha Ravi was part of the Indian chapter of global conspiracy to defame India, create unrest in the garb of farmers' protest,” said police.
Additional Sessions Judge Dharmender Rana posed some scathing questions to the probe agency during the hearing on Ravi's plea, asking it if it was only acting on "surmises, inferences, and conjectures" and questioned how the toolkit was connected to the violence during the farmers' march.
"...Unless I satisfy my conscience, I don't move ahead,” the judge said.
“My part is that I sought support from Greta Thunberg, that too for farmers' protest and not for Khalistan," the defence counsel countered, and claimed that Ravi acted due to fear of being wrongly prosecuted.
“A person may run for two reasons - either he is guilty or to save himself from wrong persecution. A person may have fears of wrong prosecution, unfortunately, for this girl, her fears have come true..."
During the hearing, the judge asked the prosecution how the toolkit was linked to violence.
“Is there any evidence or we are only acting on surmises, inferences, and conjectures... How is the toolkit connected to the violence? What is the evidence? What is the evidence to show the connection between conspiracy and the violence?” the judge asked.
Raju said the very act of putting things on social media and disseminating the document with an intention to instigate is sufficient, "but yes no physical presence was there".
He said that the first evidence was the hyperlinks in the toolkit connecting people to Khalistani websites.
“Second, you (accused) are showing people content which shows hatred for India. It's not a simple toolkit prepared by NGO, it's a toolkit created in light of the Khalistani movement,” Raju said.
On the point of conspiracy, the judge said, “If I approach a dacoit for temple donation, how do you say that I'm privy to dacoity? What is the material against her?“
“What's do this and that? What is the link? Unless I satisfy my conscience, I don't move ahead,” the judge said.
At this, Raju replied, “It is not that simple. The court must look at the conduct. She is constantly in touch.”
“On plain look, it seems normal. But if you click on the hyperlink given on the cheat sheet, it takes you to another website that defames the Indian army, how the Indian Army committed genocide in Kashmir.
“Those articles make an impact on the minds of the reader. This is the purpose, which is why Poetic Justice Foundation (PJF) is brought. In the garb of farmers' protest, they are carrying anti-national activities,” he said.
He added, “It's not just where a plan was made but also it was followed by violence. You asked the people to come to Delhi, you asked people to protest, you showed the people that India is a bad country that kills Muslims. Shantanu was sent to Delhi to ensure that plan in the toolkit is carried out.”
He further alleged that there was a well-planned conspiracy to defame India globally and create violence inside the country.
“In a simple toolkit, you don't prepare what's to be in future as they've written which has to be circulated as soon as any violence took place.
“There was an effort so that violence takes place. It's a well planned, well designed, where PJF were taking care of protest outside India and these persons, Ravi and others, were roped in India,” he said.
He further alleged that 'Sikhs For Justice', a banned organisation, had announced money USD 2,50,000 for anyone holding the Khalistani flag.
“That organisation is also involved in this matter,” he said.
While seeking her custody, the police had told the court that the activist had allegedly edited the toolkit and many other people were involved in the matter.
However, Ravi's lawyer rejected the allegations.
"There is no evidence to link me with Sikhs For Justice, a banned organisation. And even if I (Ravi) meet someone, there is no symbol on him that he is a secessionist," the defence counsel said.
"The Delhi police gave permission for the farmers’ march, which they’re claiming that I (Ravi) asked people to join, so how did I become seditious," the lawyer said in court.
There’s nobody arrested in connection with violence at Red Fort who says he was inspired for same because of the toolkit, Ravi's counsel claimed, adding there is no evidence to show that the toolkit is responsible for violence during farmers' march.
The counsel also questioned the contents of the FIR and asserted that people can have a different point of view on a subject.
"There is an allegation in FIR that Yoga and Chai are being targeted. Is it an offence? We are now reducing the bar that somebody can’t have a point of view different," Ravi's lawyer said.
"The talk about alleged genocide in Kashmir has been going on for years. How talking about it suddenly becomes sedition," the lawyer said.
A Delhi court on Friday had sent Ravi to three-day judicial custody after her five-day police custody expired.
The court also heard Ravi's plea to restrain police from leaking to the media any probe material concerning the FIR lodged against her.
The high court, in its order, asked media houses to ensure that no leaked investigation material is broadcast as it could affect the probe and directed Delhi Police to abide by its stand on affidavit that it has not leaked nor intends to leak any probe details to the press.
Ravi was arrested by a Cyber Cell team of the Delhi Police from Bengaluru on February 13 and was produced before a court here seeking her police custody for seven days.
(With PTI inputs.)
