Disha Ravi had no legal advice when she was presented in court yesterday. (Archive)
New Delhi:
The arrest of 22-year-old activist Disha Ravi from Bengaluru over a “toolkit” tweeted by climate activist Greta Thunberg has not only sparked waves of outrage, but has also raised questions about the procedure.
Disha Ravi did not have a lawyer when she was presented in court yesterday and sent to five days in police custody. She was arrested Saturday afternoon at her home in Bengaluru and taken to Delhi, where she was charged with sedition and conspiracy.
According to Disha Ravi’s legal team, her lawyers did not know in which court she was going to be presented and she defended her own case in court. There are also questions about whether the rules were followed when the Delhi police took her away from Bengaluru.
In a post, attorney Rebecca John has alleged “shocking abdication of judicial duties.” According to her, the court magistrate at Patiala House in Delhi did not ensure that Disha Ravi had legal representation in court.
“Deeply disappointed by the conduct of the magistrate on duty … who sentenced a young woman to five days in police custody, without first ensuring that she was being represented by a lawyer,” Ms John wrote.
“The magistrates must take their preventive detention duties seriously and ensure that the mandate of article 22 of the Constitution is scrupulously followed,” he said.
If the defendant was not represented by an attorney at the time of the hearing, the magistrate should have waited until her attorney arrived or, alternatively, provided legal aid, Ms. John wrote.
“Where were the case diaries and the arrest memorandum examined? Did the magistrate ask the special cell why it was being brought directly from Bangalore without a transit remand from Bangalore courts?”
The young Mount Carmel college graduate is the first to be arrested in the “Toolkit” case for supporting farmers’ protests shared by Swedish teenage activist Greta Thunberg. The case was brought up earlier this month, after international tweets about the farmers’ protests generated a strong reaction in India, including opposition from the government and various celebrities.
Police say the “Toolkit” was written by a Khalistani group. Yesterday, they alleged that Disha Ravi was a key conspirator involved in the preparation and dissemination of the document, in an attempt to revive a Khalistani group.
“I didn’t make Toolkit. We wanted to support farmers. I edited two lines on February 3,” Disha Ravi told the court on Sunday.
Police said Disha started a WhatsApp group and collaborated on the Toolkit document. “In this process, they all collaborated with the pro-Khalistani Poetic Justice Foundation to spread discontent against the Indian state,” police tweeted.
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