Bhima Koregaon Violence| Bombay High Court allows accused Gautam Navlakha to relocate to Delhi
High Court was told that Navlakha could no longer afford living in Mumbai and should be allowed to return to his permanent residence in Delhi.
Navlakha was arrested by Pune police from Delhi on August 28, 2018 in connection with the Elgar Parishad case.
The Bombay High Court today relaxed bail conditions for Bhima Koregaon accused Gautam Navlakha, permitting him to relocate from Mumbai to his home in Delhi while the trial remains pending.
A Division Bench of Justices Bharati Dangre and Shyam Chandak modified an earlier bail condition that restricted 73-year-old Navlakha to the jurisdiction of the Bombay High Court.
Navlakha argued before the high court on account of his advanced age, financial hardships, and prolonged delay in the commencement of trial proceedings.
Senior Advocate Yug Chaudhary, representing Navlakha, told court that the Bhima Koregaon accused could no longer afford living in Mumbai and should be allowed to return to his permanent residence in Delhi.
While permitting the relocation, the court emphasised that Navlakha should continue to comply with all judicial obligations, including attending hearings in person or via video conferencing as directed by the trial court.
An application was filed by Navlakha before the special National Investigation Agency (NIA) court seeking permission to stay in Delhi, as it is his hometown. The court, however, refused the plea, following which he moved the HC. In his plea, Navlakha said the trial in the case was not likely to commence.
The Bombay High Court in December 2023 had granted bail to the Bhima Koregaon accused Gauatam Navalakha. A division bench of Justice AS Gadkari and Justice SG Dige while granting bail application of Navalakha said that the bail conditions will be the same as imposed on Anand Teltumde.
Way before Navlakha was granted bail by the High Court, the Supreme Court while hearing his application seeking to changes his address for house arrest, the Supreme Court had expressed its concerns over its original order granting him house arrest in the first place. Court had then remarked that the order had not in fact did dealt with the merits of the overall case and proceedings against Navlakha.
While making submissions against the grant of house arrest to Navlakha, ASG Raju had told the Supreme Court that Navlakha is alleged to be in touch with Kashmiri Extremists, ISI and the government could not control him while he was under house arrest. "The Maoist revolution is known to be a violent revolution. These people are involved in such extreme activities which are antinational, they cannot be treated lightly...", Court was further told. However, Court was of Court was of the opinion that the fundamental rights of an individual are of utmost importance and had accordingly directed to take him to a hospital of his choice.
Navlakha, who is accused of having Maoist links was allowed to be shifted from Taloja Central Prison due to medical ailments. He was arrested by Pune police from Delhi on August 28, 2018 in connection with the Elgar Parishad case. He was initially kept under house arrest but subsequently sent to judicial custody in Taloja Central Prison in April 2020 after a Supreme Court order.
He was arrested with the other accused in the Bhima Koregaon Violence case of 2018 after which he was kept in Taloja Jail. In April 2022, the Bombay High Court dismissed the plea moved by Navlakha, seeking direction to be placed under house arrest till the completion of the trial. Navlakha had demanded transfer from Taloja Prison on grounds of his advanced age and medical ailments.