Toolkit case: activist gets temporary pre-arrest bail

Toolkit case: activist gets temporary pre-arrest bail
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Environmental activist ShantanuMuluk, a suspect in a case registered by Delhi Police inconnection with the toolkit shared by climate activist GretaThunberg about the ongoing farmers' protest, on Tuesday gottemporary anticipatory bail from the Bombay High Court.

The high court on Wednesday will pass its order onanother suspect, advocate Nikita Jacob's similar plea.

Justice Vibha Kankanwadi of the Aurangabad bench ofthe HC granted Muluk, resident of Beed in central Maharashtra,ten days' transit anticipatory bail to enable him to apply forprotection before the appropriate court in Delhi.

Muluk and Jacob had on Monday approached the highcourt separately seeking transit anticipatory bail, after aDelhi court issued non-bailable warrants against them.

According to Delhi Police, the duo were involved in preparingthe toolkit document and were in direct touch with ''pro-Khalistani elements''.

Jacob's plea for pre-arrest bail was heard by JusticeP D Naik at the high court's principal bench in Mumbai whichsaid it would pass the order on Wednesday.

Advocate Hiten Venegavkar, appearing for the Delhipolice's cyber cell, assured the Mumbai bench that ''no prudentofficer'' would arrest a person when his or her application ispending in court.

The Delhi police on Saturday arrested environmentalactivist Disha Ravi from Bengaluru in the case and named Mulukand Jacob as suspects.

The case has been lodged under IPC sections 124(a)(sedition), 153 (a) (promoting enmity among different groups)and 120 (b) criminal conspiracy.

Senior counsel Mihir Desai, appearing for Jacob,argued that the alleged toolkit was prepared by a number ofpeople and ''only spoke of support to the protesting farmers''.

''It does not talk about any violence or about theJanuary 26 incident at the Red Fort (when a tractor rally byprotesters led to violence),'' Desai argued.

Serious charges of sedition have been invoked againsta person like Jacob who is only a young environmentalenthusiast, the lawyer said.

Advocate Venegavkar, however, claimed that the toolkitwas created and authored by Disha Ravi and Jacob alongwithmany others who are part of the Khalistan movement.

He also contended that the HC does not have the powersto grant any relief when the matter pertains to another state.

Jacob, instead of cooperating with the investigation,absconded from her residence, he alleged.

''A team of Delhi police went to Jacob's house onFebruary 11 with a search warrant. She was questioned and herstatement was recorded at her residence itself instead oftaking her to the local police station,'' Venegavkar said.

''The police team left her house on February 11 sinceit was after sunset and told her that they would return thenext day for further investigation. Since then, Jacob isabsconding,'' he said.

To this, Justice Naik said she must have apprehendedarrest.

Desai said Jacob had indeed left the house as shefeared arrest, adding that if granted bail, she wouldcooperate with the probe agency.

Justice Naik, before reserving order, said he wouldnot go into the merits of the case but only consider whether acase was made for the grant of transit anticipatory bail.

Jacob and Muluk in their pleas said they were targetsof political vendetta.

Greta Thunberg, a celebrated climate activist, hadshared the `toolkit' to lend support to the farmers' agitationnear Delhi borders against the Union government's new agrilaws.

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