Read Time: 06 minutes

Synopsis

A division bench of the Supreme Court today allowed a plea filed by Gautam Navlakha, an accused in the Bhima Koregaon case, to be placed under house arrest due to his medical condition for a period of one month.

The Court while allowing Navlakha's plea, has put certain restrictions on him, as advised by the National Investigation Agency (NIA).

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.

Navlakha has also been asked to provide a local surety of 2 lacs within three days. The matter will now be taken up on December 13th. 

As per ASG SV Raju's submission, Court has asked Navlakha to get his medical evaluation done before the next date of hearing and the reports submitted before that date as well.

Yesterday, while making submissions against the grant of house arrest to Navlakha, ASG 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 at the moment.

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.