By Sunil Garodia
First publised on 2021-02-20 03:32:58
It is sad that magistrates deny bail to accused disregarding the dictum "bail, not jail". When activist Disha Ravi was presented before Additional chief metropolitan magistrate Akash Jain in Delhi on expiry of her five-day remand, she was remanded to another three days in judicial custody even though the Delhi police clearly said that her custodial interrogation was not required for the time being.
The Delhi police said that they had interrogated Ravi and she was being evasive in her answers. They also alleged that she was trying to shift the blame on Nikita Jacob and Shantanu Muluk, two other activists wanted on similar charges. The police demanded judicial custody for Ravi on the plea that they needed to interrogate all three together by bringing them face-to-face to verify what she was saying.
But Ravi is not a hardened criminal who is likely to jump bail and escape. Neither is she so well connected or influential to tamper with evidence or threaten witnesses. The magistrate should have ideally granted her conditional bail asking her to remain in Delhi until further orders and take part in the investigation by reporting to Delhi police as and when required.
Her continued incarceration is disturbing. What is the guarantee that Nikita Jacob and Shantanu Muluk will join the probe within a short time? A number of things might happen to delay the time when they will join the probe. Will Disha be kept in jail for that reason even though her interrogation is over for the time being?
The only ray of hope is that a bail application has been filed on her behalf and is likely to be heard today. Ravi might get conditional bail, subject to her remaining available for helping with the probe at all times. But ideally the magistrate should have granted the bail as, prima facie, there was no need to keep Ravi in jail for the purpose of interrogation.