Delhi HC rejects Disha Ravi’s plea to modify bail condition: ‘No infringement in mobility rights’

Ravi was arrested in connection with a February 2021 FIR registered under various IPC sections, including criminal conspiracy and sedition, containing allegations that there was a concerted campaign by “banned terror organisations to disrupt the Republic Day… ceremony through several unlawful acts in the name of protests” and that a “Google document (toolkit)” had come to notice of probe agencies on Twi-tter which contained a “detailed plan of a larger conspiracy to wage economic, social, cultural and regional war against the country”.

Ravi was arrested on February 13, 2021, and granted bail on February 23, 2021 by a trial court. The prosecution alleged that Ravi was “editor” of this toolkit, the HC noted.

Justice Sharma noted that there is “no infringement of mobility rights of the accused or any geographical boundaries restriction” placed on Ravi, but a reasonable condition of seeking permission of the court before travelling abroad, which has not been denied to her in the past.

The HC, however, directed that in case Ravi moves an application seeking permission to go abroad, at least one month prior to her intended visit, the state will have to file a response “expeditiously”, giving sufficient time to the trial court to pass an order.

“Therefore, the prayer regarding deletion of bail condition imposed vide order dated 23.02.2021 stands rejected…The concerned Court will pass an order taking into account the plea of State and verification of the facts etc. as mentioned in the application,” the HC said while disposing of the plea while clarifying that the HC’s order should not be construed as an opinion on the merits of the case.

The HC said that the sessions court, while granting bail in this case, had taken note of the “entire circumstances of the case, and in its wisdom, has imposed (the) condition that in case the petitioner would wish to visit another country, prior permission of the Court will be taken”.

“Merely because the condition imposed by the Court as per law is causing inconvenience to the petitioner, it can neither become a ground for deletion of the condition nor it can be said that the same amounts to violation of her fundamental right to travel abroad,” Justice Sharma said.

Ravi had moved the HC against the August 9 order of Additional Sessions Judge, Patiala House Courts, seeking modification of bail conditions imposed on her by the trial court in 2021 while granting her bail. Ravi had urged that the condition be modified to the extent that she shall intimate the trial court before going abroad.

The high court also noted that Ravi had been granted permission to go abroad by the trial court on three occasions in the past. and said it wasn’t Ravi’s contention that she was denied permission to travel by the trial court on any occasion.

Justice Sharma noted that the investigation in the case is was pending as the investigating agency is still collecting evidence from “foreign intermediaries which are crucial pieces of evidence in the present case”.

The court added that the investigating agency had still not filed chargesheet and may require Ravi’s presence or information from her and her going abroad, “merely intimating” and without permission or submitting the itinerary and the duration or purpose of the visit will have “adverse impact” on the investigation and trial of the case.