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Synopsis

Bhima Koregaon accused Gautam Navlakha, who was directed to be put under house arrest by the Supreme Court, has informed the top court that the said order has not been complied with.

A division bench of the Supreme Court last week had allowed a plea filed by Navlakha, to be placed under house arrest due to his medical condition for a period of one month.

The matter was mentioned before Chief Justice of India (CJI) DY Chandrachud on Thursday by Navlakha's counsel Senior Advocate Nitya Ramakrishnan who 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 National Investigation Agency (NIA), 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 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 agreed to list the matter for hearing on Friday before a bench headed by Justice KM Joseph which had passed the impugned order.

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.