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Navlakha, who is accused of having Maoist links was allowed to be shifted from Taloja Central Prison due to medical ailments
While hearing an application moved by Bhima Koregaon violence accused Gautam Navlakha, seeking to changes his address for house arrest, the Supreme Court has expressed its concerns over its original order granting him house arrest in the first place.
A division bench of Justices MM Sundresh and JB Pardiwala remarked that the order has not in fact did dealt with the merits of the overall case and proceedings against Navlakha.
"We may have our own reservations... a lengthy order was passed, but if without getting into merits such order is made applicable then..," Justice Sundresh observed.
Furthermore, Additional Solicitor General SV Raju, appearing for National Investigation Agency (NIA), submitted that the earlier order was unusual and unwarranted, given it was sought on health grounds.
The matter has now been adjourned for eight weeks, granting time to NIA to file its reply on the application moved by Navlakha.
In December last year, the Supreme Court had extended its earlier interim order granting house arrest to Navlakha till the second week of January, 2023.
A bench of Justices KM Joseph and BV Nagarathna had extended the house arrest as his counsel informed court that the house arrest granted on November 10, 2022 was running smoothly.
Navlakha, who is accused of having Maoist links was allowed to be shifted from Taloja Central Prison due to medical ailments. He 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.
The Court while allowing Navlakha's plea, had imposed certain restrictions on him, as advised by the National Investigation Agency (NIA).
When arguments were being heard for Navlakha's plea seeking house arrest last month, ASG SV Raju told the Supreme Court that Navlakha is alleged to be in touch with Kashmiri Extremists, ISI and the government could not control him while he was under house arrest.
Referring to the latest medical report submitted by Jaslok Hospital, ASG Raju had further told court that there was nothing wrong with Navlakha. Solicitor General Tushar Mehta had then informed the Supreme Court that Navlakha was being provided regular medical treatment.
A Special NIA court had rejected his bail application stating that the crimes he is alleged of committing were very serious in nature and that there was prima facie material against him. Special Judge Rajesh Kataria had noted, “After perusal of the chargesheets, there is ample material against Gautam Navlakha. Prima facie, Navlakha seems to be connected with the alleged offence."
In April 2022, 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. 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.
Case Title: Gautam Navlakha vs. National Investigation Agency and Anr.
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