The Bombay High Court on Wednesday granted transit anticipatory bail for three weeks to advocate Nikita Jacob in connection with climate campaigner Greta Thunberg’s ‘toolkit’ related to farmers’ protest.
A single bench of Justice PD Naik granted her relief after reserving the order on Tuesday. Senior advocate Mihir Desai appearing for Ms. Jacob submitted the order of Justice Vibha Kankanwadi of the Aurangabad bench that had granted 10 days of transit anticipatory bail to co-accused Shantanu Muluk in the same case on Tuesday.
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Justice Vibha Kankanwadi of the Aurangabad Bench on Tuesday granted 10-day transit anticipatory bail to Shantanu Muluk in the same case.
Counsel for the Delhi Police Hiten Venegavkar raised questions about the maintainability of Ms. Jacob’s application. He said there was no provision for transit bail under the Code of Criminal Procedure (CrPC). The offence was registered in Delhi, and, therefore, no cause of action had arisen here, he contended. He pointed out that under Section 438 (direction for grant of bail to a person apprehending arrest) of the CrPC, the court did not have the power to grant anticipatory bail for cases outside its jurisdiction.
Mr. Desai, representing Ms. Jacob, had urged the court to look at the limited purpose of granting transit anticipatory bail as the NBW (non-bailable warrant) was issued by the Tis Hazari court. He said they (Delhi Police) had raided Ms. Jacob’s house and seized electronic devices.
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He contended that she was an advocate of this court and an environment enthusiast. According to them, she was involved in preparing the toolkit, but then it did not contain any violent acts or anything pertaining to taking over the Red Fort, he stated.
‘Copy of complaint not received’
Ms. Jacob had filed her plea through advocate Sanjukta Dey on Monday that mentioned that she had not received a copy of the complaint or the FIR, if filed by any authority, and when she tried to procure one, it was denied to her. On February 11, cyber cell unit personnel, accompanied by a constable from the Vanrai police station, came to her house with a search warrant and seized personal documents and electronic gadgets, which had confidential information protected by attorney-client privilege.
On February 4, the Delhi pPolice registered a complaint against Ms. Jacob and alleged that Ms. Thunberg’s organisation — Poetic Justice Foundation — had contacted her to organise a “tweet storm” in support of the farmers’ protest.
The police claim to be in possession of some documents of the toolkit that were allegedly edited by Ms. Jacob for ‘anti-national movement’. She has been booked for sedition under the Indian Penal Code. The toolkit has certain documents and ways for protesting outside Indian embassies.
