Thread by @barandbench

Delhi Court begins hearing anticipatory bail applications by Nikita Jacob, Shantanu Muluk and Shubham Kar Chaudhuri in #toolkit FIR.

Hearing before Additional Sessions Judge Dharmender Rana.

#FarmersProstests

@DelhiPolice

I need some time to peruse the reply : Adv Soutik Banerjee.

He seeks an adjournment.

Banerjee appears for Chaudhuri.

Let annexure be supplied to him (Chaudhuri): Court

I've joined the investigation: Banerjee.

APP Irfan Ahmed and Atul Srivastava appear for Prosecution.

No objection to adjournment by Delhi Police.

Court adjourns Banerjee's bail application hearing till tomorrow.

No coercive action in till then : Court

Court proceeds with the other two anticipatory bail applications.

#NikitaJacob #ShantanuMuluk

It would be better if the court hears all matters together: Ahmed

The court may continue: Srivastava

If I'm able to assist the court, I'll will peruse the reply : Banerjee

I'm a 34 year old engineer. I have no criminal antecedents. I've deep roots in the society : Adv Vrinda Grover begins hearing on behalf of Shantanu Muluk

In 2019, I started working with global environmental movement Extinction Rebellion: Grover

#ShantanuMuluk

Grover says even members of Parliament in UK participate in the non violent movement started by Extinction Rebellion.

19/2 notice was issued to me to join investigation which I did.. I continue to be interrogated. Except for four days..I have been summoned everyday from 22/2 to 15/3.. I at times left at midnight. 18 days I've joined investigation : Grover

If there's any material.. I'm effectively in police custody.. to say that there is a strong likelyhood that there is something would perhaps not withstand: Grover

I hope this is not disputed: Court

I would not make a wrong averment of fact..I handed over my iphone, iPad and one Dell laptop.. I got the sim card and phone of my mother and handed over to Delhi police for investigation: Grover

Grover says social media account passwords were also given on th first date itself.

I have given answers to 115 questions (in writing)..my own bank details as well as my parents' have given : Grover

Pan card.. everything has been provided. I've been confronted with Disha Ravi and Nikita Jacob. Whatever I've said has been corroborated. There is no contradiction: Grover

I've no knowledge, association or contact with Sikhs for Justice which is a banned organization. Poetic Justice Foundation..it is not a banned organization. I did not have any association with him. I've had contact for a campaign for environment: Grover

Extinction Rebellion gets an Instagram communication from Ask India Why campaign to join a Zoom call alongwith a colleague: Grover

Communication is on public domain. Two of us the zoom call on behalf of the organization. The call takes place on 11th of January: Grover

Can we get the communication: Court

It was on email and not Instagram: Srivastava

Invite to the link comes on email. First communication is on Instagram: Grover

I've not veen accessing any of them (media accounts) since I've joined investigation. I've instructed the client to not touch any information: Grover

Court asks the purpose behind the meeting.

Do we have the Instagram invite available with us? : Court

It was an invitation given at personal ID of Shantanu: Srivastava

They will share it : Court

I'm told the link came on XR (Extinction Rebellion) email ID: Grover

I don't understand how Instagram works.. who owns the account : Court

Banerjee explains how XR instagram was being operated.

Some lady called Punit sent the message: Grover

Is there something objectionable to that name? : Court

She was approached on behalf of Poetic Justice: Srivastava

My instructions are that she was approached by Farmers Association: Grover

All three of us are on the same side.. both of you please assist me. The moment we understand this duty, we would not have disputes: Court

Instagram account would show that it was not poetic justice: Grover

I'm a listener in the Zoom call. I didn't participate. I was told the issue was around farmers protests. It was attended by 80 people. There were no comments on Khalistaan: Grover

I do not get to know this is Mo Dhaliwal. I learnt later that he has an ideology.. that is not the subject of the Zoom call. I've no direct contact with him. I had never heard of Poetic Justice: Grover

Ask India Why campaign was initiated by Poetic Justice Foundation.. nobody had heard on it. It is not a banned organization. Even today. I have no prior knowledge of who they are : Grover

How do I know that you are not feigning ignorance: Court

Grover says all of Muluk's social media platforms are with Police.

These are not areas where we can't talk to each other. We exchange ideas.. XR is a global organization. These are enviornment groups that work globally. Climate crisis will not be resolved by national territory: Grover

They talk about Ask India campaign as a global issue : Grover.

I don't have any past or further Association. Poetic Justice Foundation has no mention of any mention of Khalistaan. Even today there is no mention. There is no record of any direct communication : Grover

I created an email ID called [e-mail].. simply the email ID. Then I created a blank Google document: Grover

The owner is completely misleading.. the owner of a Google can't be one person.. : Grover

It's a common copy.. starting a Google doc is not a crime. Most lawyers offices are using Google doc: Grover

That doc was called the #toolkit. Absolutely incorrect to say that I'm the owner. The edit access is with everyone.. I've not done anything to the doc since 18/1: Grover

Does that by any stretch make out any offence? I added six things. I made a map of protests taking place across the country: Grover

I collate information available in public domain.. then I make a link for solidarity videos and photos. I do not add any content. It is completely protected speech. Then I add a sample representation that could be sent to govt. Then a sample communication: Grover

I can't think of a more non violent, democratic form to express disagreement: Grover.

I add a hashtag. When you're working in social media.. it is important that the language is not cumbersome. So I use a hashtag Ask India Why. I've not added any hyperlink: Grover

Grover refers to Genocide Watch link.

It was not added by me.. : Grover

All of this is confirmed in confrontation: Grover

My role ends here. I didn't touch the toolkit after 18/1. There is no reference to any banned organization: Grover

I've not added anything. I've nothing to do with PJF. My focus is Farm Laws : Grover

It can be easily verified (that no edits were made by Muluk after Jan 18): Grover

Simply because one becomes inert after a point, one can't escape responsibility: Court

If what I've collected is protected speech.. there's no 153A. There are no two communities. To say that I started a process which may lead to something, that process should also be illegal: Grover

The propensity to cause violence is completely missing. The threshold is not being met at all : Grover

There is a reference to Tweet bank and templates.. these tweets are all post January 26. It's a fact : Grover

I've not accessed with doc.. : Grover

Who accessed the tweet templates: Court

They would only tell: Grover

You're not the owner: Court

No: Grover

Grover reads certain tweets.

One person dies on that day.. your honor may see the tweet: Grover

It is a matter of common knowledge that one protestor farmer died that day: Grover

Grover informs the Court that she is representing the deceased's family.

This tweet bank is after January 26: Grover

These are verifibale facts? : Court

We've asked Google: Srivastava

Google doesn't need to prove it : Grover

We'll explain (that the tweets were before Jan 26): Srivastava

On the face of it, it can't be explained : Grover

Grover further refers to the "Suggested posts Page".

Grover reads the list of persons whose handles were sought.

Who am I tagging and what am I saying.. : Grover

Grover reads one of the tweets calling for peaceful resolution.

Would that not be an appropriate thing to do.. even the hon'ble chief justice said that it should eb resolved. Where is the violence here? : Grover

Grover reads further tweets which ask people to "raise voices".

I'm not asking anyone to mobilise a mob. I'm only saying add your voice, get the issue resolved : Grover

So far as 26 January is concerned, investigation is going on. Some key persons are already in judicial custody. Nothing in that investigation has remotely said anything about me or toolkit: Grover

I don't have any role in sharing the toolkit. The earlier person said she shared the toolkit. There was no call for violence especially in the portion attributable to me : Grover

I come to Delhi and go to Tikri border. I work on participative democracy. I wanted to understand what was happening.. this is all verifiable. I worked on converting the toilets into eco friendly toilets. I do not join the tractor rally: Grover

There is evidence to show my presence at Bhagat Singh rally even on January 26: Grover

A person goes there to say use ecologically friendly plates at langar..I simply go and contribute, look at it and come back : Grover

I only get to know in the evening what transpired. merely being present at Tikri would not attribute any criminality : Grover

Grover speaks of a contact with Climate2025, a UK company.

It's a five year change making mission.. because XR is not an NGO. For any money to pass hands, there has to be process. One of the clients of Climate2025 is XR global : Grover

They (Climate2025) give a list of all the movements they give fiscal hosting. There's nothing secret or nefarious taking place: Grover as she points out XR name in the list.

I'm a volunteer. I've repeatedly answered this. I'm part of a group called participative democracy: Grover

He talks about Panchayati Raj: Grover

Grover further speaks of the work undertaken by Participative Democracy.

This is the training that I do.. I can prove it. I'll play a video for the court (on one of Muluk's training session): Grover

You don't have to prove your innocence. They have to (prove otherwise). We're still following the golden principle of innocent until proven guilty: Court

This is not sedition. Where is the tendency to violence? Where is the violence. None of the threshold are met : Grover

Grover refers to case laws.

Grover reads cases on grant of anticipatory bail.

I've understood your case. Anything else? : Court

I'll reserve some right at the time rebuttal: Grover

Senior Advocate Rebecca John begins for Nikita Jacob.

Jacob is a practicing Advocate at Bombay High Court. She joined XR in September 2020: John

John explains what XR is.

John reiterates that XR is completely non partisan and non violent.

It does these kinds of protests across the world : John

John speaks of the India Chapter of XR.

No funds have been transferred to me. I'm a volunteer: John explains how Jacob is associated with XR.

On 6/12/2020, a WhatsApp group was created called International Farmers Strike by Disha Ravi. I joined the group in January. In 24/1, I exited the group. This group is still on my phone: John

I was informed about the Zoom call. I don't remember if I first got the info or first joined the Group. They may confirm. My house in Bombay was raided on 11/2 and in that context, I gave a detailed statement to the Police : John

It was a 13 page statement. She's giving everything.. :. John

John reads the statement with regards with Zoom call.

They seized my electronic devices. I admit that I participated in the Zoom call. I did work on the toolkit along with others. My argument is so what: John

On Jan 26, I host an Instagram live with an agricultural specialist. On 3/2, Disha Ravi shares the toolkit with Greta Thunberg. Since it was an outdated doc, I did live edit that toolkit on 3-4th night. It was visible who was editing. Nikita got a lot of hate: John

Disha deletes the old document and shares the upadated version with Greta : John

Because I submitted the 13 page response, they de seal my apple phone. I'm told to be present on the next date. I'm not present on the next date. I leave a note for my parents that I'm going to Court. I draft the petition and mention my matter. Raid continued in my absence: John

John narrates the events that happened in Bombay.

The fact that I vanished from their gaze was noted by Bombay High Court and I was given transit bail for three weeks. My role is I attended a zoom call where I didn't know who was who. Assuming I did, my statement makes it clear what was the conversation: John

I was part of the WhatsApp group. They got information but for my phone: John

On 3rd, I did live edit the updated toolkit. I've not done anything. I've not come to Delhi. I do not know my co accused including Shantanu Muluk. We live in different cities. There was no face to face meeting : John

The first time I saw him was in special cell office. So much for conspiracy: John

Prosecuting agency should be mindful of the language that they use.. : John reads Delhi Police reply.

What is the basis.. because the toolkit has a hyperlink to websites of genocide watch? Let's us not get over excited here. These are international organisations at work: John

Even if it was not hyperlinked, anyone can go to Genocide Watch and see the report. It collates information: John

John points out that there's content even on USA and other nations.

We don't have to believe it. The country surely has a larger heart and intellect than to be affected by a public group : John

Their own document says who is editing. It's not the two petitioners : John

John refers to certain objectional tweets.

It has 15 retweets and 29 likes. So much for disinformation: John

What does this template do? It is definitely post Jan 26.. Standard people are tweeting it and getting as many as 15 likes. Will this effect the soul of republic of India? : John

What is their case? That I spread rumours? They're not saying I incited violence. They're saying at best rumour mongering .. : John

.. rumour mongering has potential for violence: John

For them it is one sided. We provoked. They don't say anything about themselves. There could be a counter view : John

Using "war" is a metaphor. Understand English language before you make allegations: John

My participation in Zoom meeting is not an act of criminal conspiracy..my act of participating in the toolkit and even hyperlinking it is not sedition. I was not hiding behind any shadow. I was doing it (edits) for the world to see : John

During the time of my bail order and 14/3, I have been interrogated for 16 days for 140 hours : John

John says Jacob was confronted with Disha Ravi as well.

John reads Shreya Singhal judgement on freedom of speech and expression.

There are three stages. Discussion and advocacy. Both are not banned by law. Incitement is a problem. Role of all accused is of discussion and advocacy, and not incitement: John

John continues to read.

At best, we were at the stage of discussion..there was not even an iota of incitement: John

John reads another judgement.

Court asks certain questions with respect to XR.

Query pertains to usage of word "evergreen" in an XR document.

Messages should be evergreen so that they focus on protests.. : John

They claim that evergreen means they have tendency of secessionist and all of this was a facade..once you claim you are merely interested in farm laws.. : Court

John says each movement has a hashtag, refers to MeToo.

Protest should have a lasting message. I don't read it an secessionist at all. The message must survice repeal of laws. Economic welfare of farmers : John

Courts says what is the difference between discussion, advocacy and incitement.

The act of participating in Zoom meeting, linking websites.. did it incite any violence : John

Did anyone arrested say they read it. It has to be linked in a factual aspect: John

The toolkit came in public domain when Greta tweeted it on February 4: John

Has there been violence post 26th? They are still sitting there. There was an amazing sea of women on March 8: John

John concludes.

Banerjee begins his submissions on behalf of Chaudhuri.

He is a chef.. : Banerjee as he lists the professional life of Chaudhuri

Because of my work and expertise, I'm an invitee to UNFCC .. he has a bonafide interest in the field of agriculture. I was not part of the Zoom call. I was not in any communication with Mo Dhaliwal or Poetic Justice or Sikh Foundation.. I'm not an active member of XR: Banerjee

I'm a liaison in South Asia. I've no direct or indirect role in determining what work a person would do. I'm not even required to be informed of what a chapter would do : Banerjee

I've never even opened the toolkit. I've never even seen it. The only role attributed to me is that I forwarded a link of the tweet bank to certain people in Pakistan: Banerjee

As a liaison person, I have a broadcast list which every journalist friend in the room would have. I'm not uniquely sending the link to someone in Pakistan. There are XR chapters in Lahore, Islamabad and Karachi : Banerjee

I'm a liaison officer. I'm admitting that: Banerjee

After I was asked to join investigation, they came to my place in Goa and took my devices: Banerjee

Banerjee refers to his contract with a climate 2025.

You can get a copy from them to see that I'm getting a living expensive.. (allegations are) that I have foreign funding and that I've sent communication to Pakistan : Banerjee

Banerjee reads the Police reply.

I've never interacted with Mo Dhaliwal. This is a cut paste of thr earlier two replies. My liberty is at stake. They have callously labelled the same allegations against me : Banerjee

Where is the active participation? Just because you want to drag me in to get a Pakistani angle : Banerjee

I'm a liaison person who gets thousands of messages every day : Banerjee

I was added to the WhatsApp group and I left it much prior to the document coming into existence. They can check from my device: Banerjee

I've joined investigation in Goa. I answered a questionnaire of 46 questions. I traveled to Delhi on March 9.. I'm not CyPad office everyday : Banerjee

In August 2020, I also took on the role of media organiser. The contract was from February 2020. This was pre farmers protest. My contract can't be painted an foreign remittance.. this is not hawala. All of this is bank transaction: Banerjee

If you think there is FCRA violation, we will respond to it : Banerjee

There is no communication between me and Poetic Justice Foundation. You are making an averment that I was engaged by them to act in furtherance of their agenda : Banerjee

I broadcasted the tweet bank to my list. I didn't even open it. The people who received messages in Pakistan are part of their XR chapter. Sending messages to people in Pakistan is not a crime : Banerjee

Banerjee argues that there is no reason why anticipatory bail should be denied.

The kind of reply they have filed. They have not even shown me the dignity of filing an independent reply : Banerjee

APP Atul Srivastava begins his response.

They are arguing that they are very noble persons: Srivastava

Srivastava urges to see what is Ask India Why.

It's about the way we are saying. It is perspective: Srivastava

I will verify the credentials of the person (before joining a meeting) : Srivastava

They will have to read section 124A: Srivastava as he reads Section 124A..

Srivastava explains what "attempt" is.

This is attempt.. Ask India is Sikh dissent: Srivastava

This is not healthy critisism. Once you say India or State, you can't critisize: Srivastava

What kind of hashtags has he used prior to this. That's the reason why he was chosen : Srivastava

This is Shantanu.. : Srivastava reads Shantanu's tweet on Kashmir.

This gives a bad smell. Even the Supreme Court dismissed it when it was challenged.. don't provoke someone : Srivastava

Srivastava refers to recent fake order on inquiry against bail orders.

You intension is not to support farmers. Your mobilization is.. don't stop here. This creates a doubt : Srivastava

Court asks what if they wanted to keep the movement alive till the last man in queue gets his due.

You hidden agenda is to take advantage of the issue. They want to piggy back. We will continue to incite against India.. : Srivastava

This Mo Dhaliwal is Canadian .. they want pro Khalistani. Would we want to join such type of person? : Srivastava

What is Genocide. They are using hashtags.. what is cheat sheet. It is a summary of toolkit: Srivastava

They should be very sensitive prior to putting any links : Srivastava

Critisism of government is different. Shouting slogans once or twice is not enough.. they are attracting people of like bent (through cheat sheet) : Srivastava

When they have come to know that the information is factually incorrect, they started making amendments: Srivastava

What is the need of corrections? You wanted to spread the rumour: Srivastava

We have seen how they were driving the tractor..: Srivastava

Such types of kinds give your intention. Now we're giving special importance to social media. You were intentionally chosen by Mo Dhaliwal and Ask India.. why only two people were chosen from India?.: Srivastava as he refers to certain Kashmir related hashtags.

Why are you creating such things. It is your own act: Srivastava

Srivastava says that information regarding remittance of money from foreign countries was not shared with Police.

Money was coming from Jeddah. It's not from England or something: Srivastava

The Foreign Exchange is in Jeddah: Grover

You leave so many gaps for me: Court

Investigation is at initial stage: Srivastava

The accused persons have been joining investigation. Interrogation of a person armed with bail and person in custody makes a difference: Ahmed

So you have to satisfy that the arrest is imminent: Court

Shantanu was carrying one more mobile phone.. the argument that he was confined to Tikri border is not correct. Scrutiny of that phone will show.. : Ahmed

At this stage, there are two ways. You say arrest is imminent, are evidence on record. or you say that more evidence is yet to come : Court

It is for the investigating agency to say (if arrest is required) : Srivastava

If you are satisfied that arrest is imminent, we will continue on merit: Court

We want custodial interrogation because he was selectively deleted images from his device : Srivastava

Shantanu deleted images from iCloud. Whatever was in the device, we can't take it : Srivastava

What will your do in custodial interrogation then: Court

You can't do it to create fear. You have to show me how you would collect evidence during interrogation : Court

We'll resume in ten minutes: Court

Hearing resumes.

It is a technical investigation. I request the court to hear me out : Delhi Police officer.

Almost entire activity of creating the document took place online.. there are close to 7-8 apps. Zoom, singal etc. Google doc was there. One person was owner. And others were editors. The owner gives the right to edit: Officer

There is Twitter. We've already asked Twitter about the templates. They are posted across the globe. There's Instagram, Facebook: Officer

It takes a lot of effort to get info from them. Platforms such as Signal are known for not being helpful to law enforcement agencies: Officer

The period that was provided was used by accused persons to delete data. The entire log of his device.. he has deleted specific photographs from the day of the violence. He has deleted location data. These are not information in public domain: Officer

These data were protected by password. What was the need of deleting the data. They are using the most advanced operating systems.. we are working on it : Officer

He was using an apple device. That iPad was completely clean. iCloud account was changed : Officer

This is the antecedents of the person who deleted incriminating data.. : Officer

Today this application gets disposed of either way. Tomorrow you find that there is something every crucial and he refuses to come. Your entire investigation is thawrted. Do you have enough material right now to justify his arrest? : Court

Court notes that technical aspect of investigation is time consuming.

You are aware of your material..if you are satisfied that arrest is imminent.. : Court

Shantanu has done mischievous: Srivastava

As an when there is evidence, we will give notice of arrest : Srivastava

For me, they are not giving me this liberty: Grover for Shantanu

Let him take a call : Court

Srivastava says the court may that notice be issued to them.

I'll adjourn it. You take an official call : Court

We will continue to be available for investigation : John

All of us can be given advance notice : Grover

You yourself say technical analysis will take time : Court

The offer must come from their side : Srivastava

If they find reason and material, they will give us advance notice of seven days and we may be protected in between: John

If this proposal is acceptable, fine otherwise we will continue : Court

Based on the conduct of accused, custodial interrogation would be needed. We are dependent on foreign based service providers.. : Delhi Police officer

We don't want to have a situation where we are denied custodial interrogation: Officer

Should I dispose it of then? : Court

We need interrogation: Officer

Police agrees with the arrangement.

Court begins dictating the order.

APP argues that investigation is at initial stage which requires technical analysis: Court

At this juncture, it is proposed by defense counsel that to be fair to the agency, they are willing to withdraw subject to the condition that if in case arrest is imminent and unavoidable, seven working days advance notice shall be served on accused persons: Court

Accused may exercise their legal remedies then.

Police accedes to the request.

Applications disposed of.

#Breaking: Delhi Court disposes of anticipatory bail applications preferred by Nikita Jacob, Shantanu Muluk and Shubham Kar Chaudhari.

Court records that when arrest becomes unavoidable, an advance notice of 7 working days shall be given to them to avail remedies.

#ToolKitCase