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Synopsis

Advocate Yug Mohit Chaudhri representing Gautam Navlakha-an accused in the Bhima Koregaon violence case on Tuesday told the Bombay High Court that Navlakha is accused of having Maoist connections but he had only conducted some interviews and published them.

He said, "Allegations against me is that I have a connection with Maoist leader. That is correct because I have conducted interviews and published them. Consider if a journalist wants to interview Dawood Ibrahim and goes to Pakistan on a valid visa then would MCOCA be attracted?"

He submitted that to conduct an interview one has to contact them but it does not reflect syndicate crime. 

Further, he relied on the document which was found on Navlakha's computer that was included in the charge sheet. He informed the court that it was actually a critique of Maoist practice, violence, and philosophy. 

He further relied on a book written by Gautam Navlakha and said,

"When you read the passages he is talking about the massacre conducted by Maoists and criticizing it and asking who is authorizing it. Can it be said he is indulging in violence? He is pointing to three acts of Maoist and asking who is authorizing them. I could point to a large number of articles written by him where he is criticizing Maoist but those are not part of the chargesheet."

NIA in its reply to the bail plea moved by accused Gautam Navlakha had informed the Bombay High Court that Gautam Navlakha was introduced to a Pakistani ISI General for his recruitment by terrorist Ghulam Nabi Fai.

The reply stated: “Gautam Navlakha was introduced to a Pakistani ISI General for his recruitment by Ghulam Nabi Fai on the direction of Inter-Services Intelligence (ISI), showing his nexus and complicity with Ghulam Nabi Fai and Pakistani ISI.”

The NIA had also stated that Navlakha had visited the USA thrice to address Kashmiri American Council organized by Ghulam Nabi Fai. Further, the reply stated that Fai was arrested by the FBI and Navlakha had written to the US Judge for clemency.

“Ghulam Nabi Fai was arrested by the FBI in July 2011 for accepting funds from ISI and Pakistan Government, but failed to report the origin of those funds, as required by US law. It is established that, accused Gautam Navlakha had written a letter to the Hon'ble Judge of the US Court, trying Ghulam Fai's case for clemency. Accused Gautam Navlakha had also submitted letters to Hon'ble US Court on behalf of Fai,” the reply read.

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 last year, 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. 

Recently in 2022 November, 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.