"He is in touch with Kashmiri Extremists, ISI": ASG SV Raju argues against Gautam Navalakha's house arrest plea

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Synopsis

Recently while hearing Navlakha's plea seeking house arrest, Supreme Court had opined that the fundamental rights of an individual are of utmost importance and had accordingly directed to take him to a hospital of his choice.

Making submissions against the grant of house arrest to Gautam Navlakha, an accused in the Bhima Koregaon case, Additional Solicitor General, SV Raju told the Supreme Court today that Navlakha has 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 further told court that there was nothing wrong with Navlakha at the moment.

When Justice Km Joseph questioned about the charges against Navlakha, ASG Raju referred to a letter written to Navlakha by a Sudarshan, allegedly a Maoist leader.

"The Maoist revolution is known to be a violent revolution. These people are involved in such extreme activities which are antinational, they cannot be treated lightly...", Court was further told.

Senior Advocate Kapil Sibal, appearing for Navlakha told court that as per the medical report, Navlakha could not be given the facilities that he requires, while being lodged in jail.

Sibal further argued that after the chargesheet was filed in 2020, there trial was not moving forward.

Towards, the end of the hearing, the bench also comprising Justice Hrishikesh Roy, expressed its intent to allow Navlakha's plea and has asked the NIA to submit the restrictions it would want to impose on Navlakha.

On the last hearing, Solicitor General Tushar Mehta had informed the Supreme Court that Navlakha was being provided regular medical treatment.

Court had earlier directed that Navlakha be taken to a hospital of his choice, immediately for a thorough check up, and receive further treatment.

Last month, while hearing a plea filed by Navlakha, seeking house arrest, Court was of the opinion that the fundamental rights of an individual are of utmost importance and had accordingly directed to take him to a hospital of his choice.

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

Recently, a Special NIA court had rejected the bail application of Gautam Navlakha. Navlakha had argued before the Special Court that the NIA's case failed to connect him to a larger conspiracy and the charges under UAPA were not attracted as advocacy of violence was a prerequisite to attract them.

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. 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.

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.