InCRL.M.C. 5914/2023 -DEL HC- Delhi High Court rejects Disha Ravi's plea to waive condition of prior permission to travel abroad in ‘Toolkit’ case
Justice Swarana Kanta Sharma [26-09-2023]

Read Order:Disha A. Ravi V. State (NCT of Delhi)

Chahat Varma

New Delhi, September 27, 2023: The Delhi High Court has rejected the plea of environmental activist Disha A. Ravi to waive the condition of prior permission to travel abroad, which was imposed as a bail condition in the case related to the sharing of a ‘toolkit’ related to the 2021 farmers' protest.

The case revolved around allegations of a concerted campaign by banned terror organizations to disrupt the Republic Day national ceremony through unlawful acts under the guise of protests. During social media monitoring, agencies discovered that a Google Document ('toolkit') had been accidentally shared on Twitter. This toolkit allegedly contained a detailed plan for a larger conspiracy aimed at waging an economic, social, cultural, and regional war against the country. It was further alleged that this conspiracy led to incidents of vandalism by anti-social elements outside the Indian Embassy in Rome, Italy, and violence on the streets of Delhi. These incidents resulted in significant damage to public property and over 500 police personnel were reported as injured. Subsequently, various social media accounts were said to have been employed to spread rumours, fake news, and videos to incite hostility between different groups and provoke riots. In light of these allegations, the police registered the FIR and conducted an investigation. The accused/petitioner was later arrested from her residence and was subsequently granted bail by an order dated 23.02.2021, issued by the Additional Sessions Judge.

The central issue before the court was whether the condition imposed in the bail order dated 23.02.2021, which required the accused/petitioner to seek prior permission from the concerned Trial Court before traveling abroad, violated her fundamental right to life and personal liberty as guaranteed under Article 21 of the Constitution of India.

The single-judge bench of Justice Swarana Kanta Sharma emphasized that in criminal cases, when granting bail, the courts have the authority to impose conditions to ensure that the accused cooperates with the investigating agencies and does not evade justice. One such condition, occasionally imposed, is the requirement for the accused to obtain prior permission from the Court before traveling abroad, as authorized under Section 437(2) and 439(1)(a) of the Code of Criminal Procedure (Cr.P.C.).

“While the freedom to travel abroad is a cherished right, it is not absolute, and the criminal courts are duty-bound to prevent misuse of liberty of bail by individuals,” remarked the bench.

The bench further stated that simply because the condition imposed by the Court, in accordance with the law, was causing inconvenience to the petitioner, it could not serve as a valid reason for the deletion of the condition.

The bench took into consideration that the investigation in the present case was ongoing, with the investigating agency still in the process of collecting crucial evidence from foreign intermediaries. The bench also noted that the accused/petitioner had previously been granted permission to travel abroad by the Trial Court on three occasions, and the permission had been granted.

The bench said, “This Court does not undermine the fundamental right of petitioner to have freedom to travel abroad as per Article 21 of Indian Constitution, but at the same time, it also cannot undermine the right of the prosecuting agency to ensure that the investigation is carried out and completed without any hindrance.”

The bench concluded that since the investigating agency had not yet filed a chargesheet and might require the presence or information from the accused/petitioner, traveling abroad without permission and without submitting the itinerary and the purpose of such visit could have an adverse impact on the investigation and trial of the case.

Hence, the plea for the deletion of the bail condition imposed through the order dated 23.02.2021 was denied by the court.

Nevertheless, considering the petitioner's concerns, the court directed that if the petitioner submits an application for permission to travel abroad at least one month before her planned visit, the State should promptly file an appropriate response. This would provide ample time for the Trial Court to pass an appropriate order.