A Delhi court on Monday sent 21-year-old climate activist Disha Ravi, arrested for editing and sharing a social media “toolkit” on the farmers’ protest, to one-day police custody.
Chief metropolitan magistrate Pankaj Sharma issued the order after police said she was required to be confronted with the co-accused in the case.
Disha, who was produced in court on the expiry of her three-day judicial remand, through her lawyer opposed the plea, asking: “Why should I (Disha) be in police custody while those I have to be confronted with are on bail?”
The two co-accused, lawyer Nikita Jacob and engineer Shantanu Muluk, “are currently on transit bail”.
“It is a case that has transnational ramifications, with the involvement of those who have expressed their disaffection for this country,” the prosecution told the court, seeking five days’ police custody.
“There was involvement of all the three accused persons. We have to confront all three. We only have seven days more to seek custodial interrogation,” the prosecution told the court, referring to the law under which the case has been lodged that mandates custodial interrogation only up to 15 days after arrest. Disha has already spent eight days in custody, five of which were in police custody.
The defence counsel asked why the police did not summon the co-accused earlier.
“I (Disha) was already in their custody for five days. The prosecution is talking in a manner as if they got to know all the information about the case today itself. What is new there to seek fresh police custody? If the investigating officer wants to meet Disha beyond 15 days, what will he do? Two people are already on transit bail, why should I (Disha) be in police custody?” the counsel asked.
“Those two people are not in police custody. Why my (Disha) police custody is required for the same purpose is a million-dollar question.”
“I (Disha) can be in judicial custody and still be confronted with them. After filing the FIR, you were in a hurry to arrest me. Did you ask me to join probe and I did not join? Even when I was arrested on February 13, you called them for February 22. Were you taking this court for granted that you will get police custody till then?
“What was I doing in the last five days in custody? They did not take me to my hometown for probe. They have a valid requirement to confront, but that may be met while I am in judicial custody,” the defence counsel said.
The defence counsel also informed the court that a sessions court, a superior court than that of a magistrate’s, had reserved the order on Disha’s bail plea for Tuesday.
“I have moved a bail application, order on which is reserved for tomorrow. Right now, seeking police custody means overreaching the sessions court, that has reserved order on bail,” the defence said.
The public prosecutor opposed the defence’s submission, saying: “It’s wrong to say we are trying to influence the sessions court….”
The prosecution further asked why the accused was treating police custody as punishment and that it was “just for the purpose of investigation”. The defence, however, said even law “disfavours” police custody.
On Friday, Disha was sent to three-day judicial custody after police had said her custodial interrogation was not required for the time being.
The Delhi High Court on Friday heard Disha’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 had not leaked nor intended to leak any probe details to the press.
Disha was arrested by a cyber cell team of Delhi police from Bangalore on Saturday and brought to Delhi. She was booked on sedition and other charges.
