It has been the bad practice and bad habit of the Indian police and criminal investigators to slap a mountain of charges against any accused in the hope that at least some, or even one, of them would stick. This amounts to indulging in slander in more than a legal sense. And this is what the Delhi police and its investigators have tried to do with the violence that erupted on January 26, 2021 when the farmers’ tractor parade went off the rails at some points. Instead of focusing on what went wrong during the tractor parade, the Delhi police went off on a tangent, distracted by the tweets of American pop singer Rihanna and teenage climate protester/warrior Greta Thunberg. Greta Thunberg put out a toolkit, retracted and put it back again. And it is here that Bengaluru climate activist Disha Ravi, 22, entered the picture. The Delhi police saw it as a good opportunity to nail the international linkages of the imagined conspiracy when they found the toolkit linkage between Ms Ravi and Ms Thunberg. The police discovered that Ms Ravi had a hand in the toolkit when she edited it for Ms Thunberg.
In the heightened atmosphere of the exaggerated nature of the petty violence that broke out at Red Fort on January 26, the reckless overreach of the police under the guidance of an authoritative Union home ministry came into play. The Delhi police went off to Bengaluru, arrested Ms Ravi and brought her to Delhi in total violation of all legal norms in a democratic polity. The courts did not cover themselves in glory when the legal process was short-circuited in bringing Ms Ravi from Bengaluru to New Delhi as though this country was under martial law and no questions could be raised about the way the Delhi police went about hauling up an ordinary citizen in Bengaluru. The pusillanimity of the courts was further underscored when the police custody of Ms Ravi was readily granted for five days by duty judge Dev Saroha on February 14. This was the police riding roughshod over the law and the judge allowing it tamely. It is at the end of five days of police custody, two days of judicial custody and another day of police custody, with the police wanting to confront Ms Ravi with the other two accused, Nikita Jacob Shantanu Muluk, that she was finally granted bail and released.
The excesses committed by the cybercrime branch of the Delhi police should have been condemned by additional sessions judge Dharmesh Rana. It was easier for him to excoriate the police on the serious charge of sedition that they brought against the young woman from Bengaluru. The judge tore into the flaky evidence on which they based their charge. It was necessary that the judge had said what he had about the innocuous toolkit and the laboured connect that the police wanted to make between the toolkit, Ms Ravi and the Poetic Justice Foundation (PJF). And he rightly pointed out that the PJF was not a banned organisation for the police to charge Ms Ravi with having associated herself with an illegal entity.
Judge Rana could have avoided the homilies about pluralist Indian civilisation going back to the Rig Veda and rapped the police for creating a faux chargesheet. He did admit that the investigation was on, but the evidence produced by the police so far to oppose bail to Ms Ravi was paper-thin. But in times when the government is keen to spread the pall of fear by invoking demons who are less than paper tigers, Judge Rana seems to have found refuge in pious platitudes about democracy, liberty, and the right of the citizen to dissent. It would however be mistaken to get carried away by Judge Rana’s quiet plaint. Something more serious is amiss in the police’s line of investigation into the violence of January 26. Traces of “Khalistani” elements behind the three-month-old farmers’ agitation against the new laws brought by the Narendra Modi government has been the theme song of the government and the ruling party. It seems that the police just follows the lead of their political masters.
The “Khalistani” elements have been simmering beneath the surface for many years now, but it is quite clear that the farmers have nothing to do with them, and the people, whether Indian or foreign, who sympathise with the farmers’ agitation have nothing to do with them either. The government and the police are fully aware that showing support for protesting farmers cannot be an offence and it cannot be deemed sedition. It is only by bringing in the “Khalistani” factor that people like Ms Ravi can be charged with a crime, and even if the charge fails, they can be defamed. It is in this diabolical bid to outlaw dissent and protest that the government and the Delhi police are committing the crime of undermining democracy.
The Disha Ravi case goes much beyond the Delhi police’s cybercrime cell. It is a blatant misuse of the laws of the land. The police can claim that they investigate charges against people in good faith, and they nurse no animus against anyone. We can readily concede the point if they had gone about the investigation in a sober manner. They could have easily built up more evidence, they could have interrogated Ms Ravi in Bengaluru without the cheap theatrics of arresting her and bringing her to Delhi.
There is a clear need for the courts to rule clearly and loudly that the police have no right to arrest people as long as they are cooperating with the investigation, and there is no danger of the person absconding. In the case of Ms Ravi, it is self-evident that she would have cooperated with the police investigation. Arresting Ms Ravi was an attempt by the police to humiliate and intimidate her and make an example of her to other dissidents. This just cannot be allowed in a democracy. The powers of the police to arrest people and keep them in custody for 24 hours before they are brought before a magistrate for being remanded smacks of a police state. A citizen’s liberty cannot be left to the mercy of a policeman or policewoman....