The order on bail plea moved by climate activist Disha Ravi, arrested in toolkit case, would be issued by Delhi's Patiala House Court on February 23.
The court, while hearing the bail plea on February 20, asked the police to explain what evidence it had to link her role with the violence that erupted during farmers' protest in New Delhi on Republic Day.
"What exactly is the evidence collected by you against this lady connecting her to the violence perpetuated on January 26?" Additional Sessions Judge Dharmendra Rana asked the prosecution.
Replying to the court's question, the counsel representing the Delhi Police said the probe was underway and "we have to discovered things", news agency ANI reported.
"In a conspiracy, everyone may not have an equal role. Our point is that through this, those connected to the Khalistani movement were instigated," Live Law reported Additional Solicitor General (ASG) SV Raju as saying in response to the court's query.
The judge responded by saying: "So as of now, should I presume that there is no direct link?"
Raju, in his response, said the matter is under investigation.
The prosecution claimed that activists Nikita Jacob and Shantanu Muluk, co-accused in the toolkit case and linked to Disha, were part of a Zoom video call which was "organised" by the Poetic Justice Foundation (PFJ), a "pro-Khalistani outfit" on January 11.
The video call, on January 11, took place days before the January 26 violence, the Delhi Police told the court.
"Your Honour would appreciate that this needs to be read in the background that people were asked to move to Delhi - for hoisting of the Khalistani flag, etc," the ASG reportedly added.
The prosecution also stressed on the toolkit "which was accidentally shared", adding that the "plan was to defame India and create unrest here".
Senior advocate Siddharth Agarwal, who represented Disha, told the bench that the prosecution was relying on assumptions and conjectures to frame the charges against the arrested activist.
Agarwal told the bench that the accused cannot be linked to Sikhs for Justice, the organisation which was allegedly involved in instigating the Republic Day violence.
"They are not even shown to be connected with the 60-70 people on the Zoom call. So my first submission is that there is no connection between Sikhs For Justice at all," he said.
The defence counsel further argued that Disha, a 22-year-old college graduate in Bengaluru, has "no historical or geographical link" to the Khalistani movement.
"My history has nothing to do with Khalistan. My connection is not with Sikhs For Justice or PJF. In this case, it is clear that thinking otherwise is attracting sedition," the counsel told the bench on behalf of Disha.
Also read: Who is Disha Ravi? All you need to know
Disha was arrested on February 13 by the Delhi Police, after the preliminary probe suggested that she was "one of the editors" of the toolkit which Swedish activist Greta Thunberg had shared.
The toolkit, though being viewed by activists as a guide sheet to raise support for protesting farmers, is being suspected by the Delhi Police as a plan of action to stoke social, cultural, and economic tensions in India.