"No mobile phone, internet; CCTV camera to be installed": Supreme Court's conditions on Gautam Navlakha's house arrest
In its order, a bench of Justices KM Joseph and Hrishikesh Roy has said that Navlakha be placed under house arrest within 48 hours after the place of house arrest is scrutinized by the NIA
While the Supreme Court today allowed Gautam Navlakha's plea seeking house arrest, and directed that the same be done within 48 hours, it has put certain conditions over Navlakha who will be staying at a house with his partner, a 71-year-old Sahiba Husain.
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.
"Petitioner may not be unjustified for making a request for house arrest. The charges have not been framed, it is quite unlikely how the case will reach culmination in the forseeable future...", the bench said while allowing Navlakha's prayer.
In its interim order, a bench of Justices KM Joseph and Hrishikesh Roy has asked Navlakha to deposit Rs. 2,40,000 to facilitate the appointment of security personnel for placing him under house arrest.
"A Demand Draft should be submitted to the Commissioner of Police", court has ordered.
Use of Gadgets:
Also, Navlakha shall not be allowed to use any mobile phone, Laptop, computer or any internet services. He may watch television, but not a Smart TV, which requires internet and can read the newspaper.
"He will however be permitted to use a mobile phone provided by the personnel on duty. He will be allowed to talk on phone for 10 minutes. Otherwise, the petitioner shall not use any other phone, including the phone of his companion.", court has added.
Navlakha's companion shall also not be allowed to use a smart phone. She has also been told to not delete any call details or SMSs.
CCTV camera will be installed at the expense of the petitioner (Navlakha) at the entrance and exit and outside the rooms and CCTV to be maintained by petitioner, the Court has said.
Visitors:
Navlakha will not be allowed to meet more than two family members, once a week and on same terms as provided to jail inmates. Also, no electronic gadgets such as phone, Ipad, laptop, shall be permitted, even when visitors are allowed.
He has also been allowed to meet with his lawyers, whose names are to be provided within three days to the NIA.
Health Conditions:
Navlakha has been allowed to go on walks outside of his house once a day. "Petitioner will not engage in conversations with anyone during those walks", the order adds.
In the event of any medical emergency, arrangements can be made at a suitable hospital, which is nearest to him and has the suitable facilities.
Also, before the next date of hearing, i.e., December 13th, Navlakha has to get himself medically evaluated at KEM Hospital and his reports are to be submitted before the next date as well.
At the end of the hearing, Court has ordered that Navlakha and his companion should scrupulously adhere to all the conditions and any violation may entail immediate cancellation of the grant of house arrest.
"The petitioner shall give a local surety of 2 lacs within three days. Police officers shall cooperate if he is to be taken to a hospital..." the division bench ordered in conclusion.
Case Title: Gautam Navlakha vs. National Investigation Agency and Anr.