IAS Gyan

Daily News Analysis

Conspiracy, sedition: ruling in Disha Ravi case raises bar for State  

24th February, 2021 Polity

Context: By ruling that mere engagement with persons of dubious credentials is not a crime, the Delhi trial court, which granted bail to climate activist Disha Ravi, has, effectively, raised the bar for the State to initiate prosecution for being part of a “larger conspiracy.”

 

Details:

  • Any person with dubious credentials may interact with a number of persons during the course of his social intercourse.
  • As long as the engagement/interaction remains within the four corners of law, people interacting with such persons, ignorantly, innocently or for that matter even fully conscious of their dubious credentials, cannot be painted with the same hue.
  • This critical observation was made in light of the Delhi Police’s argument that although there is no direct evidence establishing the link between the applicant/accused and the violence on January 26.
  • Ravi was charged with Section 120B of the Indian Penal Code that deals with criminal conspiracy along with Sections 124A (sedition) and Section 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony).
  • The court went a step ahead to rebut the state’s claims of Ravi being part of a “global conspiracy” in recognizing that the fundamental right to freedom of speech and expression “includes the right to seek a global audience” and that “there are no geographical barriers on communication” as long as it’s “under the four corners of law.”
  • On sedition, the court analyzed the contents of the toolkit and concluded that it was “innocuous” and did not call for violence.

 

https://indianexpress.com/article/explained/conspiracy-sedition-ruling-in-disha-ravi-case-raises-bar-for-state-7201885/