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Synopsis

On Thursday, a Bench of Justice KM Joseph and Justice Hrishikesh Roy, of the Supreme Court, in a plea filed by Gautam Navlakha, seeking house arrest, was of the opinion that the fundamental rights of an individual are of utmost importance. On the basis of the same, directed to take him to a hospital of his choice, immediately for a thorough check up, and receive further treatment.

Solicitor General Tushar Mehta, vehemently opposed the plea, and stated had the petitioners pressed a 13-09-2022 application, he wouldn't have objected to it at all. He further cited the previous incidences of colonoscopy, skin allergies and dental checkups. And put forth that house arrest should not be granted to protect integrity of the nation.

Senior Advocate to that stated, "Is he threat to the integrity of India, at 73 with colon cancer? Is he threat if he wants to go to his sister's house?".

He had also put forth his condition where he is required to do fasting for 3 days, to clean his intestines.  And how it would be problem in the jail.

The Court thus suggested that Gautam Navlakha should be taken to a hospital, for all the checkups to be done, and to continue fasting under medical surveillance. And in furtherance of the same passed directions.

Thus the Court allowed him to be in the Hospital while under Police Custody, where only two people including sister have been granted permission to meet and interact.

Further, directed the Hospital to prepare a report and submit it to the Court.

The matter will be taken up next on 21st October.

Earlier, a Special NIA court had rejected the bail application of Gautam Navlakha, who was arrested in connection with the Elgar Parishad case.

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. 

Case Title: Gautam Navlakha vs. National Investigation Agency and Anr.