"Put in additional safeguards": SC says while rejecting NIA's plea against Gautam Navlakha's house arrest order

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Synopsis

In its plea, NIA urged that no special treatment is available to any other accused of Navlakha's age that are in jails across the country. "Such accused persons of his age are in jails as under-trails or pre-charge sheeted accused, with far lesser grave offences alleged against them as opposed to the nature of offences against the Petitioner herein”, the application urged.

The Supreme Court today rejected the National Investigation Agency's (NIA) plea filed against its previous order to shift Bhima Koregaon case accused Gautam Navlakha to house arrest from jail.

Notably, yesterday, the National Investigation Agency had sought vacation of the order dated 10-11-2022 whereby the Supreme Court directed to put Gautam Navlakha under house arrest for a month due to health conditions. The application alleged deliberate and successive suppression of material facts, and further alleged personal bias vitiating the medical report placed on record.

The application filed by NIA through AOR, Arvind Kumar Sharma further stated that Navlakha should be treated like any other accused, and no special facility of house arrest should be allowed. 

Yesterday, Navlakha's counsel Senior Advocate Nitya Ramakrishnan, had informed the top court that the court's order directing Navlakha to be put under house arrest had not been complied with.

The matter was mentioned before Chief Justice of India (CJI) DY Chandrachud on Thursday by Navlakha's counsel Senior Advocate Nitya Ramakrishnan who had told Court, "They were supposed to inspect premises within 48 hours and not within 96 hours..."

On the other hand, Solicitor General Tushar Mehta, appearing on behalf of the NIA, had claimed that Navlakha, instead of providing details of a house had given details of a library cum residential place belonging to the Communist Party.

SG Mehta had further said that the NIA was also seeking certain directions from the Court in the matter and had filed an application.

Hearing this, CJI Chandrachud had agreed to list the matter for hearing on Friday before a bench headed by Justice KM Joseph which had passed the impugned order.

When the matter was taken up today by a bench headed by Justice KM Joseph, it asked "Communist Party is a recognised party of India. What is the issue?"

To this, SG Mehta replied, "If it does not shock you then what can I say".

Eventually, the Top Court directed compliance of its earlier order subject to additional conditions like sealing the kitchen door leading to exit point, locking of openable grills, etc.

"Order of November 10th shall be given effect within 24 hours from the date of the receipt of the copy of the order," the division bench added. 

Last week, while allowing Navlakha's plea, the Supreme Court had put certain restrictions on him, as advised by NIA.

In its order, a bench of Justices KM Joseph and Hrishikesh Roy had said that Navlakha be placed under house arrest within 48 hours after the place of house arrest is scrutinized by the NIA.

Navlakha had also been asked to provide a local surety of 2 lacs within three days. The matter will now be taken up on December 13th. 

As per ASG SV Raju's submission, Court had also asked Navlakha to get his medical evaluation done before the next date of hearing and the reports submitted before that date as well.

When submission were underway in the plea, arguing 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.

Referring to the latest medical report submitted by Jaslok Hospital, ASG Raju had further told the court that there was nothing wrong with Navlakha at the moment.

Previously, SG Mehta had informed the Supreme Court that Navlakha was being provided regular medical treatment.

The Top Court had earlier directed that Navlakha be taken to a hospital of his choice, immediately for a thorough check-up, and for further treatment.

In April this year, the Bombay High Court had dismissed the plea moved by Navlakha, seeking direction to be placed under house arrest till the completion of the trial. He had also demanded transfer from Taloja Prison on grounds of his advanced age and medical ailments. 

The High Court had opined that considering the gravity and serious nature of the crime, Navlakha did not qualify for his detention under house arrest.

Navlakha 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. 

Case Title: Gautam Navlakha vs. National Investigation Agency and Anr.