MUMBAI: The Bombay HC on Wednesday granted transit anticipatory bail to Nikita Jacob. The HC noted that its Aurangabad bench had on Tuesday granted similar relief for 10 days to Shantanu Muluk, another activist from Beed against whom a Delhi court had issued a non-bailable warrant, like it had against Jacob. Such a warrant would result in their arrest.
“It is apparent that Jacob had made herself available,” said Justice P D Naik while granting relief. He 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 (on February 11).”
Her lawyers had said the warrant was issued on the “wrong pretext” that she was absconding. Hiten Venegaonkar, special counsel for Delhi cyber police, had said, “In spite of searching and waiting for her for an entire day, she did not show up. That’s why NBW was issued.” Venegaonkar had on Tuesday raised objections to granting Jacob relief, citing the FIR which said over 500 police personnel were injured in the aftermath of violence during the tractor rally on Republic Day and public property damaged.
The Delhi cyber police have lodged an FIR for sedition, communal disharmony and criminal conspiracy. The FIR copy was given in court to Jacob’s lawyers on her plea. TOI has a copy of it. It said, “The accidentally leaked toolkit document lists a playbook of activities that were to take place during the tractor march held on Republic Day and other protests in Delhi and NCR.” The FIR alleged “there were calls for economic warfare against India and certain Indian companies. Their assets in India and outside are to be made targets for physical as well as coordinated actions.” It added that “it is evident from the contents of the said toolkit that the violence that took place on the streets of Delhi on January 26, 2021 near ITO at the Red Fort etc as a result of the farmers protest was pre-planned (and) meant to undermine India’s sovereignty and integrity, security of the state and public order.”
The FIR further stated, “A perusal of the toolkit revealed that it was promoting campaign material by Poetic Justice Foundation, a Canada-based organization that openly and deliberately shares posts on social media… the toolkit document specifically mentions targeting certain regions of India to instigate enmity and divide.”
Justice Naik also said “since ultimately she would be approaching the court of competent jurisdiction (Delhi’s Tees Hazari court), it would not be appropriate to make any comments on merit” of the case.
Senior counsel Mihir Desai, appearing for Jacob, had said the toolkit only came to light after the January 26 protests when it was tweeted by Greta Thunberg, who deleted it later. “Nikita Jacob is not named in the FIR,” Desai had argued. The Delhi cyber police counsel had cited several judgements and orders of SC and HCs of Patna, Calcutta and Bombay to argue the HC doesn’t have power to grant or even entertain a transit pre-arrest bail plea unless the case is within its jurisdiction, and this one, he said, wasn’t. Desai said the HC was empowered to grant Jacob relief.