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Synopsis

While arguing against Gautam Navlakha's plea seeking to change his house arrest location, ASG SV Raju, appearing for the National Investigation Agency told the Supreme Court today that huge time and security costs would be required to keep him moving.

"The place they have chosen on health grounds does not have a super specialty hospital near it, so either the health condition is a farce...", Raju further told a bench of Justices KM Joseph and BV Nagarathna.

To this, Senior Advocate Nitya Ramakrishnan responded saying that there was a hospital nearby and they would look at more houses as options. 

Court then directed NIA to file a counter in four weeks.

Matter will now be heard on August 18.

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.

Navlakha, who is accused of having Maoist links was allowed to be shifted from Taloja Central Prison due to medical ailments. 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. 

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, Additional Solicitor General 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.

While hearing a plea filed by Navlakha, seeking house arrest, Top 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.

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.