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The Bombay High Court on Tuesday dismissed the plea moved by Gautam Navlakha, an accused in the Elgaar Parishad-Maoist links case, 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 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 plea has been filed seeking direction to keep him under house arrest claiming that Taloja prison is overcrowded and the conditions and environment of the prison is not compatible with Navlakha's health who is 70-year-old.

The plea stated that there are no basic facilities and infrastructure at Taloja Central Prison, Navi Mumbai and there are no sufficient water and hygienic facilities at Taloja prison. "Taloja prison does not have trained escort guards to ensure medical supervision," the plea read.

However, while opposing Navlakha's plea, the Superintendent of Police (NIA) V. Vikraman through his affidavit stated, "The petitioner is trying to circumvent the statutory provisions and, therefore, the petition is liable to be dismissed."

He had contended, "The investigation conducted in the case reveals complicity of the petitioner in the commission of the crime. The investigation revealed that the petitioner is an active member of CPI (Maoist), a banned organization under the UAPA."

His affidavit further read, "The petitioner and other accused were in contact with the organizers of Elgar Parishad. The petitioner and arrested accused persons spread the ideology of maoism/naxalism and encouraged unlawful activities."

In addition to this, the Superintendent of Taloja Central prison through his affidavit also denied the allegations stating that there is no lack of facilities in Taloja Central prison. "There is a canteen, from where petitioner is permitted to purchase goods and articles from the prison canteen at regular intervals," he had stated. 

His affidavit read, "The medical facilities have been provided. In the jail, there is a prison hospital with facilities of Medical Officers, pharmacists and male nursing staff. There is 10 beded hospital. Equipments are provided."

Court opined that considering the gravity and serious nature of the crime, Navlakha did not qualify for his detention under house arrest.

Court noted, "Overcrowding of the prisons is a undisputed fact. However, in this case, the facts stated by the Superintendent of the Prison would show that the petitioner would not be affected by the overcrowding. It is stated that the petitioner has been lodged in a high security cell."

However, Navlakha has been granted liberty to bring to the notice of the Presiding Officer of the Special NIA Court his grievances in respect of any problem or difficulty faced by him.

Court has further directed the Presiding officer to ensure that the grievance made by Navlakha is redressed within the parameters of the law. Court has also directed the Superintendent of the Central Prison Taloja to ensure that timely medical aid is made available to Navlakha.

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. As per Navlakha's plea, he has spent one year and three months in prison.

Cause Title: Gautam Navlakha Vs. National Investigation Agency & Anr.