Bombay HC grants transit pre-arrest bail to Nikita Jacob in ‘toolkit’ case – Times of India

MUMBAI: Bombay high court on Wednesday granted Mumbai advocate Nikita Jacob transit anticipatory bail in connection with the alleged farmers’ protest ‘Toolkit’ case in which an environmental activist Disha Ravi, 22, was arrested from Bengaluru last week. The relief is granted for three weeks for Rs 25000 bond.
Justice P D Naik who had on Tuesday heard her plea and reserved it for orders noted that the Aurangabad bench of the HC granted transit pre-arrest bail relief to Shantanu Muluk another activist against whom Non bailable warrant (NBW) was issued by a Delhi court.
Her lawyers Mihir Desai, Abhiskek Yende and Sanjukta Dey had said the NBW issued by Delhi Police was on the “wrong pretext” that she was absconding.
Hiten Venegaonkar special counsel for Delhi Cyber police had said, “Inspite of searching and waiting for her for an entire day she did not show up. That’s why NBW was issued.”
Venegaonkar on Tuesday raised preliminary objections to granting her the relief.
On Tuesday, senior counsel Mihir Desai had submitted that the alleged toolkit only came to light after the January 26 protests when it was tweeted by Swedish activist Greta Thunberg.
“Nikita Jacob is not named in the FIR. ..The toolkit was prepared by many. It doesn’t talk of violence nor of taking over Red Fort or anything,” Desai had argued on Tuesday while seeking the relief.
Desai submitted that HC had powers to grant her the relief sought.
Delhi cyber police which has lodged an FIR for offences of sedition, communal disharmony and criminal conspiracy had cited several Judgements and orders of the apex court and high courts of Patna, Calcutta and Bombay HC too in the case of Sandeep Lahoria, to argue that the HC doesn’t have power to grant or even to entertain a transit pre-arrest bail unless it has power or local jurisdiction over the case. In this case since FIR is registered in Delhi the Bombay HC would have no local jurisdiction to consider Jacob’s plea.
In a recent order Bombay HC had referred to a larger bench the issue of transit pre-arrest bail when case is registered in another jurisdiction. The reference is still pending.But Desai said the transit protection was still granted in that case.
She had sought orders to prevent police from arresting her or taking any other coercive steps and to afford her a chance to seek regular pre-arrest bail before the Delhi court.
The Aurangabad bench had considered several orders of the Apex Court and HC.
It is not disputed that she is a resident of Mumbai and it is also mentioned that Delhi police had recorded her statement, seized her laptop and documents. It is apparent that Jacob had made herself available said the HC.
Desai had argued, “ She is an enthusiastic environmentalist.” He had said, “Several young persons prepared the toolkit. Their allegation is she is one of them. What they allege is one person is a Khalistani. Belongs to an organisation called Poetic Justice,” and added, “The name doesn’t even suggest it is pro Khalistani.” Desai also said, “It is not a banned organisation.”
He had argued that court was empowered to grant transit relief even if the non bailable warrant is issued against her in a case where the alleged offence is serious.
Desai had said Delhi police had visited and searched Jacob’s house and seized computer on February 11 and documents and recorded a detailed statement from her.
Special counsel for Delhi Cyber police had said that the police took into consideration that she is a woman and recorded her statement in her house where she undertook to remain present the next day at 10 am but the next day she had absconded.
To this, Desai said that she is exercising her rights and had immediately applied for transit relief against arrest or other coercive action. Jacob also wanted the HC to protect her professional career. If she is arrested it would be ruined her, lawyers said.
Her “apprehension’’ was that “under the guise of investigation she might be arrested in a false and frivolous case.”
In her application she has also said that she feared arrest also “due to political vendetta and media trial.’’
Jacob, has been practicing in Mumbai for six-seven years said her counsel. Her plea is she has an “untainted reputation’’. She said she had “volunteered in an environmental movement called Extinction Rebellion”, “that helps create awareness of various environmental crisis…worldwide and helps create a positive change …with non-violent means.’’
Her application said that she “learnt from social media that some entity by the name Legal Rights Observatory appears to have filed a false and baseless complaint with the Delhi police and seeks to pin the blame for violence on January 26, 2021 on the applicant as well.’’