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Synopsis

Additional Solicitor General Devang Vyas appearing for the National Investigating Agency on Monday argued before the division bench of the Bombay High Court comprising Justice AS Gadkari and Justice SG Dige that Gautam Navlakha was part of the conspiracy within the larger conspiracy in the Bhima Koregaon Violence.

"With regard to Navlakha, they may not have allegations of any violent act against him, but conspiracy with UAPA will be applicable against him. Prima facie investigation revealed these aspects. Navlakha conspired with other arrested and wanted accused persons to further the ideology of the Communist Party of India," ASG argued.

Additional Solicitor General Devang Vyas was addressing his arguments during the hearing of a regular bail application submitted by Gautam Navlakha, one of the accused in the Bhima Koregaon case.

Navlakha had appealed to the high court following the second dismissal of his plea by the Special NIA Court in April 2023.

In March 2023, the high court had quashed the special judge's order and had sent it back for reconsideration. However, the special judge once again denied the bail application, prompting Navlakha to approach the high court.

Today, Additional Solicitor General Devang Vyas also contended that the urban naxal wing operated in tandem with the rural arms of the naxal struggle, serving to provide logistical support such as manpower and funds.

Vyas further said that the naxal movement is a crucial component, as it aids in organizing cadres and managing logistics. While it may not initiate a mass movement on its own, it plays a complementary role to the rural arms struggle by facilitating widespread publicity and belief. 

Senior Advocate Yug Mohit Chaudhary, representing Navlakha had put forth the contention that a fundamental prerequisite for charges under the Unlawful Activities Prevention Act (UAPA) involved the presence of violence in conjunction with terrorism, association, or conspiracy.

Vyas emphasized that it was unreasonable to assume that only the incriminating material specifically implicating Navlakha should be considered, or that his involvement was limited to arranging appointments, fact-finding, and managing funds. 

Gautam Navlakha 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. 

In 2022 October, the Supreme Court allowed his plea to shift to house arrest. Navlkha had approached the high court after a Special NIA Court rejected his bail plea in September 2022.

Case Title: Gautam Navlakha vs National Investigating Agency