Top Stories’Abdication Of Judicial Duties’ : Legal Experts Question Disha Ravi’s Remand In Greta Thunberg Toolkit Case Manu Sebastian14 Feb 2021 10:12 AMShare This – xCriticizing the Magistrate’s order remanding 21-year old climate activist Disha Ravi in the Greta Thunberg ‘toolkit’ case, acclaimed criminal law practitioner Senior Advocate Rebecca Mammen John said that it amounted to “shocking abdication of judicial duties”.She expressed deep disappointment at the conduct of the Duty Magistrate, Patiala House court of New Delhi, who, according to her,…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginCriticizing the Magistrate’s order remanding 21-year old climate activist Disha Ravi in the Greta Thunberg ‘toolkit’ case, acclaimed criminal law practitioner Senior Advocate Rebecca Mammen John said that it amounted to “shocking abdication of judicial duties”.She expressed deep disappointment at the conduct of the Duty Magistrate, Patiala House court of New Delhi, who, according to her, remanded the young woman to five days custody of Delhi police, without first ensuring that she was being represented by counsel.”Magistrates must take their duties of Remand seriously and ensure that the mandate of Article 22 of the constitution is scrupulously followed. If the accused was not being represented by counsel at the time of the hearing, the magistrate should have waited till her counsel arrived or in the alternate, provided her with legal aid”, John wrote in Facebook.As per various news reports, Disha Ravi made submissions on her own before the Magistrate. She denied being part of any conspiracy against the Indian State. According to news reports, Disha Ravi broke down before the Magistrate while saying, “I was just supporting farmers. I supported farmers because they are our future and we all need to eat.” She added that she didn’t create the toolkit, and just made two edits to it.Sharply questioning the Duty Magistrate’s response, John asked : “Were the case diaries and the arrest memo examined?”.John also asked if the Magistrate asked why Ravi was brought directly from Bengaluru without a transit remand from the Courts there. “Did the magistrate ask the Special cell why she was being produced directly from Bangalore without a transit remand from Bangalore courts?”, the senior lawyer asked.Disha Ravi was arrested by a special cell of the Delhi Police from her Bengaluru residence on Saturday night and was produced before the Duty Magistrate at Patiala House Courts, Delhi on Sunday afternoon.Rebecca John opined that Duty Magistrates should only remand the accused to a single day custody till production before the Regular Magistrate.”If you are a duty magistrate, sitting on a Sunday, you should at best remand for a day, so that the regular court takes up the matter the next day. Duty magistrates should never send an accused to 5 days PC”, she said.She added that prosecuting agencies must inform lawyers and next of kin when and where they are producing arrested persons . “This cat and mouse game must stop”, she said.Also, the remand application must be given to the accused and the magistrate must ensure effective legal representation, she added.Advocate Saurabh Kirpal asked what was the need to arrest people at the “drop of hat”.”Why do we arrest people at the drop of a hat? If someone is guilty, prosecute and punish them. Pre-trial arrest (as a substitute for punishment) is an abdication of the responsibility of the police to investigate. It also numbs us as a citizenry”, he said in a tweet.Why do we arrest people at the drop of a hat? If someone is guilty, prosecute and punish them. Pre-trial arrest (as a substitute for punishment) is an abdication of the responsibility of the police to investigate. It also numbs us as a citizenry— saurabh kirpal (@KirpalSaurabh) February 14, 2021 Senior Advocate Dr Colin Gonsalves, speaking to the NDTV, said that the so-called “toolkit” was only a manual for peaceful protest, and had no content inciting violence.”Tell us from the toolkit, whatever version you have, which line is a criminal offence”, he asked.Disha Ravi has been arrested in an FIR registered by the Delhi Police on February 4 over a ‘toolkit’ shared by international climate activist Greta Thunberg about the farmers protests in Twitter.The case against unnamed persons was registered on charges of criminal conspiracy, sedition and various other sections of the Indian Penal Code.Watch | 21-year-old climate activist Disha Ravi sent to 5 day police custody in Greta Thunberg “toolkit” case pic.twitter.com/48uaowdG51— NDTV (@ndtv) February 14, 2021 Delhi Police said that Disha Ravi is an Editor of the Toolkit Google Doc & key conspirator in document’s formulation & dissemination. “She started WhatsApp Group & collaborated to make the Toolkit doc. She worked closely with them to draft the document.In this process,they all collaborated with pro Khalistani Poetic Justice Foundation to spread disaffection against the Indian State. She was the one who shared the Toolkit Doc with Greta Thunberg.Later, she asked Greta to remove the main Doc after its incriminating details accidentally got into public domain. This is many times more than the 2 lines editing that she claims”, Delhi police said in a tweet after her remand.Disha Ravi, arrested by CyPAD Delhi Police, is an Editor of the Toolkit Google Doc & key conspirator in document’s formulation & dissemination. She started WhatsApp Group & collaborated to make the Toolkit doc. She worked closely with them to draft the Doc. @PMOIndia @HMOIndia https://t.co/e8QGkyDIVv— #DilKiPolice Delhi Police (@DelhiPolice) February 14, 2021 Update at 7 PM on February 15 :After the copy of the remand order came in public domain on Monday, it was noticed that the appearance of a legal aid counsel named Pramod Singh was recorded in it.Responding to this update, John said that the order does not record the legal aid counsel as having made any submissions. As per media reports, submissions were made by the accused in person; but they are not recorded in the order, she said, although the submissions of the investigating officer are prominently recorded.She said that substantive issues like the presence of a valid transit order, compliance of arrest norms etc are also not seen raised by the legal aid counsel from the order.Legal representation means ‘effective legal representation’ and Article 22 speaks of the fundamental right to have a legal practitioner of ones own choice, she said. Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
26 Ford St, ClayfieldA POST-WAR home set on a 799sq m corner block has been causing a bit of a stir because of its strong “renovate or detonate” potential.The four bedroom, one bathroom, two car garage home at 26 Ford St, Clayfield, is among inner city properties that have the allure of being built after 1945, meaning that they could be demolished subject to Brisbane City Council approval.26 Ford St, ClayfieldNot that the current property is anything to sniff at. Surrounded by established gardens, with an expansive entry patio, it has strong renovation potential for the person who wants to modernise the property.It has a large living room that’s currently carpeted with an enclosed veranda to one side.A red-painted rumpus room with a built-in cupboard and ceiling fan is also located off the living space.Towards the rear of the home was the kitchen with long timber bench tops, ample cabinetry and quality appliances.More from newsMould, age, not enough to stop 17 bidders fighting for this home5 hours agoBuyers ‘crazy’ not to take govt freebies, says 28-yr-old investor5 hours ago26 Ford St, ClayfieldAlongside the cooking space is a dining room with a built-in cupboard and antique lighting that then connects to three more bedrooms.Each of the bedrooms is carpeted and enjoys ample natural light and distinct colour schemes, with a quaint bathroom with a combined shower and bath tub servicing them.Classic features, such as polished timber floors, decorative cornices, casement windows and brightly-coloured walls and carpet, give the house old-world elegance, with airconditioning throughout ensuring modern comfort.From the dining room, stairs descend to a large back yard bordered by trees for plenty of privacy, with the property also including a single carport and under-house storage space.26 Ford St, ClayfieldAgent Dwight Ferguson of Ray White Ascot said the light-filled and breezy house was ready to reward its next owners regardless of which development path they chose.“This neat and tidy abode delivers you the opportunity to move straight in while you carefully plan the exciting future of this sought-after address,” Ferguson said.“The double block offers exceptional space for expanding on the current property and creating a modern family haven.”26 Ford St, Clayfield“Alternatively, buyers have the option to start from a completely blank canvas where they are only limited by their imagination.”Inspections are by appointment with Ferguson, with the home to be auctioned on site at noon on May 13.
However, when 29% of eligible voters vote, the foundations of our American democracy crumble. 29 % means that over two-thirds of the electorate’s voices were not heard. It means that hundreds of thousands of citizens did not possess the means, will or desire to vote, which becomes especially worrisome when the issues those citizens have the opportunity to affect are not passing yards and points allowed, but health care and climate change. One day after the Super Bowl, the Iowa caucuses began. From what I understand, it’s an event where a bunch of politically active Iowans take work off to assemble in gymnasiums, churches, libraries and homes throughout the state to duke it out and pick the candidate they want to represent their party in the general election. Patrick Mahomes and the Kansas City Chiefs had the attention of 102 million Americans at Super Bowl LIV. (Photo via Patrick Mahomes / Twitter) We can draw several conclusions from this feeling of existential sports dread. First, I should get out more, and second, sports are very important in the United States — so important that some have gone as far as to call it “America’s religion.” In comparison, a 2014 poll conducted by the Associated Press and GfK Public Affairs and Corporate Communications found that there were about 160 million NFL fans in America. When Super Bowl LIV’s viewership is taken into account, that means 63% of fans tuned in to watch the game. “The sports stadium has replaced the church sanctuary as the dominant arena of piety at the turn of the 21st century,” wrote professor and theologian Randall Balmer in an article for Sojourners. Could you imagine if a three-day delay had befallen the Superbowl? Even a 30-minute delay would have drawn the unquenchable outrage of fans and corporate sponsors alike. Stuart Carson is a junior writing about the intersection of sports, politics and American society. He is also a sports editor at the Daily Trojan. His column, “The State of Play,” runs every other Wednesday. How this plays out in reality is still hazy to me no matter how many articles I read online, but the big takeaway is that these caucuses have correctly picked the Democratic Party’s eventual nominee 100% of the time over the past five election cycles. So, they’re very important. In Iowa, complications with an app designed to deliver caucus results to the state Democratic Party led to a politically apocalyptic meltdown where election results that were supposed to arrive by the end of the night took an additional three days. Unfortunately, unlike Super Bowl LIV, where the NFL orchestrated a flawless halftime show and succeeded in making droves of straight white males feel like strong, independent Latinx women, the Iowa caucuses were a disaster. In light of America’s current state of political participation, this is deeply discouraging. Through both qualitative and quantitative lenses, we appear to be a country more invested in professional sports than our democratic processes. And while I recognize that it is easier to take in the joys of a football game than it is to vote, the idea that we are collectively more concerned with the fate of the Kansas City Chiefs than the fate of the United States is alarming. Last weekend marked the beginning of what many American sports fans consider to be the worst part of the year — a miserable stretch of time between the end of the Super Bowl and the beginning of March Madness where all we have left to watch is NBA games where players clearly do not care enough yet to try and NHL games that no one within 50 square miles of you is aware of. The numbers back up Balmer’s claim as well. A week and a half ago, 99.9 million viewers tuned in to watch Super Bowl LIV. This represented a slight uptick from the previous year: Super Bowl LIII garnered 98.2 million. To add icing to the cake, when factoring in the use of streaming platforms, Super Bowl LIV’s viewership increases to 102 million people. I recognize that in real life, explanations for both events and their outcomes are more complicated than I have given them credit for. Democracy is a hairy, messy affair, and far more barriers to entry exist for voting than for watching the Super Bowl. But am I alone in thinking to myself that this 34-point discrepancy is terrifying? If 29% of football fans were to watch the Super Bowl, life would continue as it always had. The Chiefs would have still won the Super Bowl, Jimmy Garoppolo would still have choked, and you still would have gone to work or class the next day. Gone are the weekends of watching football and the weekdays of watching football highlights. Now, for approximately one month, sports fans are left to lie alone and idle, reminiscing over the once-constant stream of football that now feels like a distant memory. It is disheartening when the passion of NFL fans exceeds the political participation of the American populace. In democracy, participation doesn’t determine the winner of a game but the fate of an entire nation. Unfortunately for our country, attendance is lacking. What’s more is that turnout at the Iowa caucuses fell well below expectations. Only 176,000 out of 616,000 actively registered Democrats in Iowa participated in the caucuses. That is a 29% participation rate.
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