[Bhima Koregaon] Special NIA Court denies bail to accused Gautam Navlakha

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Synopsis

Navlakha argued before the Special Court that the NIA's case failed to connect him to a larger conspiracy and the charges under UAPA were not attracted as advocacy of violence was a prerequisite to attract them.

A Special NIA court has rejected the bail application of Gautam Navlakha, who was arrested in connection with the Elgar Parishad case, reported The Indian Express.

Special judge Rajesh J Katariya on Monday rejected Navlakha’s bail plea.

Recently, in Navlakha's plea that he be placed under house custody instead of judicial custody before the Supreme Court, Justice S Ravindra Bhat had recused from hearing it. Navlakha had filed an appeal in the apex court against the April 26 order of the Bombay High Court dismissing his plea.

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. Navlakha had demanded transfer from Taloja Prison on grounds of his advanced age and medical ailments. 

A bench of Justice SB Shukre and Justice GA Sanap had held, "For allowing house arrest the criteria like age, health condition,  antecedents of the accused, the nature of crime, the need for other forms of custody and the ability to enforce the terms of the house arrest, would be some of the indicative factors. In our view, the case of the petitioner does not fit in any of the criteria."

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.