Breaking: [Farmers Protest Toolkit] Bombay High Court to pass order in Nikita Jacob transit bail plea tomorrow

The Bombay High Court will pass an order tomorrow in the transit bail petition filed by lawyer and activist Nikita Jacob in the case registered by the Delhi Police pertaining to the “toolkit” related to the ongoing farmers protests..The matter was heard today by Justice PD Naik..The Court said that it would pass an order in Jacob's plea tomorrow after perusing the order passed by the Aurangabad Bench of the High Court, which granted transit bail to activist Shantanu Muluk, another person implicated in the toolkit case..In the meantime, the Court was assured that Jacob would not be arrested in connection with the case..At the outset of the hearing, advocate Hiten Venegaokar, appearing for the Delhi Police, raised a preliminary objection to the transit bail plea filed by Jacob. He argued that there is no provision in the Code of Criminal Procedure (CrPC) for transit bail and that the offence has been registered in Delhi, and no cause of action had arisen in Mumbai..In response, Justice Naik said that cause of action arises for anticipatory bail, but this is a transit bail application. "You only have to show how the transit bail application is not maintainable," he said..Venegaokar submitted that under Section 438 CrPC, the Bombay High Court does not have the power to hear cases outside its jurisdiction for granting anticipatory bail..Senior Advocate Mihir Desai, appearing for Jacob, argued that territorial jurisdiction cannot be a ground while considering transit bail. He said,"We are here for a limited purpose. They have a non-bailable warrant against her from Tis Hazari Court. They have raided her house and seized electronic devices...They have taken my statement and my devices. They have interrogated me.".Venegaokar countered,"When they raided her house, they had interrogated her at her house and therein she stated that she will be present tomorrow. But the next day she wasn’t present at her house. The officers waited the whole day.".Desai further clarified that the toolkit did not support the commission of any violent acts or anything pertaining to taking over the Red Fort on January 26 this year. Objecting to the sedition charges levelled against Jacob, Desai said,"Who is this young lawyer? An activist for farmers protest with no connection with Khalistan. And now she apprehends her arrest so she filed transit bail.".Venegaokar then submitted,"There were farmer protests and then a toolkit was created and it gave details step by step on what action needs to be taken. It was created by Disha Ravi and two people and one of them was Khalistani.".Justice Naik then asked,"Should we grant transit when a warrant has been issued?"Desai replied,"Milords, they do not need a warrant to arrest. This a cognizable, non-bailable offence.".Desai then pointed out that Shantanu Muluk and another accused apprehending arrest moved the Aurangabad Bench, which granted transit bail.At this point, Justice Naik said,"Alright I will pass order in this tomorrow. In the meantime, you get the order of Justice Shinde and the Aurangabad Bench order.".When Desai prayed that Jacob be granted protection from arrest in the meantime, Venegaokar said,"No prudent officer will take that step. In any case, a woman will not be arrested after sunset.".Earlier this week, Jacob moved an application before the Bombay High Court apprehending arrest pursuant to a First Information Report (FIR) registered by the Delhi Police against unknown persons in connection with the “toolkit” related to farmers protests.Jacob sought transit anticipatory bail for a period of four weeks and protection from any coercive action pending the present application..Jacob's plea states that she has no religious, political or financial motive for researching or editing or circulating communication packs/toolkits for raising awareness, let alone to incite violence, riots or cause other physical harms.She has also alleged in her application that some trolls and bots are circulating her personal information, email-ids, phone numbers, social media handles and pictures on social media.The plea further claims that Jacob found out from a social media account by the name Legal Rights Observatory that a complaint was filed with the Delhi Police seeking to "pin the blame" for the violence on January 26, 2021 upon her..Jacob has raised apprehension that despite co-operating with the investigating machinery, she may be arrested due to political vendetta and media trial.She has submitted since the FIR is registered in Delhi and she is a permanent resident of Mumbai, she would be unable to defend herself..[Read a detailed account of today's hearing]