On Wednesday, the Bombay high court granted Mumbai advocate Nikita Jacob transit anticipatory bail in connection with the alleged farmers' protest ‘toolkit’ case. The relief is granted for three weeks for Rs 25000 bond.

Environmental activist Disha Ravi, 22, was arrested from Bengaluru last week in the same case.

The HC also gave Jacob three-week time to approach the concerned court in Delhi for relief.

Justice P D Naik had on Tuesday heard Jacob's plea and had reserved the order. He noted that the Aurangabad bench of the HC granted transit pre-arrest bail relief to Shantanu Muluk, another activist against whom a non bailable warrant (NBW) was issued by the Delhi court.

The HC also gave Jacob three-week time to approach the concerned court in Delhi for relief.

Justice P D Naik had on Tuesday heard Jacob's plea and had reserved the order. He noted that the Aurangabad bench of the HC granted transit pre-arrest bail relief to Shantanu Muluk, another activist against whom a non bailable warrant (NBW) was issued by the Delhi court.

Jacob's 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.

But the court differed on the matter and said, "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."
 

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.

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 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. 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.’’

Source Link

 

Picture Source :