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New Delhi:
Bengaluru environment activist Disha Ravi has moved the Delhi High Court seeking directions to the police to not leak investigation material, including alleged contents of her private chats, to the media. Arrested in connection with the “toolkit case” amid the ongoing farmers’ protest, she has also sought a ban on private TV channels from publishing contents of her WhatsApp conversations. The “toolkit”, which the police allege was aimed at tarnishing India’s image globally, surfaced after Swedish eco-warrior Greta Thunberg posted it inadvertently on Twitter before deleting it a few weeks ago. Based on it, the police have alleged a global conspiracy against the country, and arrested Ms Ravi last Sunday from her residence. The government has denied any leaks from its side.
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Environmentalist Disha Ravi, 21, has moved the Delhi High Court seeking to the Delhi police not to leak investigation material, including alleged contents of private chats, to the media.
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She has also sought action against television channels News 18, India Today, and Times Now for publishing contents of her alleged private chats with third parties, thereby violating Cable TV Network rules. Ms Ravi wants the Information and Broadcasting Ministry’s direction to take appropriate action against the three channels and other private news broadcasting channels under its guidelines for reporting on her in a manner that is in violation of fair trial rights and right to privacy.
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She has sought directions restraining all private satellite TV channels from further disseminating any alleged private WhatsApp messages or any other private conversations of hers till the conclusion of trial.
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“Leaking of investigation materials to media is blatantly illegal, violative of right to privacy and reputation, and significantly prejudices the right to a fair trial by destroying the presumption of innocence. The actions of Delhi Police, thus, violate Article 21 of the Constitution of India,” she has said.
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She cited “a nine-judge bench of the Honourable Supreme Court in KS Puttaswamy vs Union of India…recognised that conversations on a phone are of an intimate and confidential nature, and are entitled to be protected under an individual’s fundamental right to privacy under Article 21.”
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Similarly, she also said, “the Honourable Supreme Court has recognised in Subramaniam Swamy vs Union of India…that the right to reputation is a fundamental right guaranteed under Article 21 of the Constitution.”
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Appearing for her, Senior Advocate Akhil Sibal said since a day after her arrest, TV channels have been reporting on alleged chats. “I couldn’t have shared (the information) with channels by myself,” she has said.
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Responding to Ms Ravi’s petition and appearing for the Delhi police and the Information and Broadcasting Ministry, Solicitor General Tushar Mehta said hers was a “media attention seeking plea” and assured that he will file an affidavit saying there has been no leakage from the police’s side. The court, having issued notices to the three TV channels, has said it will take up the matter tomorrow.
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Ms Ravi was arrested from her Bengaluru home on Sunday and has been in the custody of the Delhi police since. Authorities say she, along with two others – Mumbai lawyer Nikita Jacob and Beed activist Shantanu Muluk – prepared and shared an online document meant to generate support for the ongoing farmers’ protest.
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The police allege that Ms Ravi was a key conspirator and, in an attempt to revive a Khalistani group, prepared and spread the document that is meant to “spread disaffection against the Indian state”.
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