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Synopsis

Special Judge Rajesh Katariya recently while dealing with the bail plea of Gautam Navlakha observed that he was an active member of the CPI (Maoist)- a banned terrorist organization and carried out activities in furtherance of object of the organization and underwent weapon training with other accused.

“The supplementary charge-sheet and documents relied by the prosecution prima facie shows that applicant is active member of said banned terrorist organization and he carries out activities in furtherance of object of said organization. Various documents are seized from applicant during his house search through electronic gazettes. The documents produced with charge-sheet shows active involvement of applicant in crime and participation in conspiracy. CDR and Email chart produced with charge-sheet and emails seized from email ID of applicant reveals about connection of applicant with other co-accused. Applicant is alleged to have acted member of fact finding committee for organization. It also shows that he underwent weapon training with other accused,” the order passed by the special court read.

The special court also observed that the accusations against Navlakha were prima facie true.

“Considering totality of material, role of applicant cannot be segregated from role of the co-accused and there are reasonable grounds for believing that the accusation against the applicant are prima facie true. Material/evidence collated by the Investigating Agency in reference to accusation against applicant prevailed over the material and grounds putforth on behalf of the applicant” the order stated.

Advocate Iqbal Ahmed for Navlakha sought parity and argued that the co-accused Anand Teltumde was granted bail by the Bombay High Court. However, the court said that the role of Navlakha was different from the role of Anand Teltumde and therefore parity was not applicable. 

This comes after a division bench of the Bombay High Court on March 2, 2023 quashed the order of the special court rejecting the bail plea of Navlakha while directing the Special Court to hear the bail plea afresh. The high court had also directed the special court to decide the bail plea within 4 weeks.

Navlakha, who is accused of having Maoist links was allowed to be shifted from Taloja Central Prison due to medical ailments. 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.

In April 2022, the Bombay High Court dismissed the plea moved by Navlakha, that sought 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.

In November 2022, the Supreme Court allowed Navlakha’s plea to be placed under house arrest due to his medical condition for a period of one month which was subsequently extended by the Supreme Court.

Case Title: Gautam Navlakha vs National Investigating Agency