New Delhi (Agency): The Supreme Court of India expressed reservations on Friday about keeping activist Gautam Navlakha under extended house arrest. The court cited that this could set a “wrong precedent” and instructed the National Investigation Agency (NIA) to give updates on his current medical condition and the stage of the trial.
Navlakha has been under house arrest at a public library in Mumbai since November 2022. The case against him is related to the Elgar Parishad-Maoist link and dates back to events that took place in Pune on December 31, 2017.
The bench of Justices M M Sundresh and J B Pardiwala asked Additional Solicitor General S V Raju, who represented the NIA, to file an affidavit within four weeks. “Prima facie we have our reservations, but a lengthy order has been passed. Without going into the merits of the case, this might set a wrong precedent,” the bench observed.
Senior advocate Nitya Ramakrishnan, who appeared on behalf of Navlakha, told the court that although the apex court had directed the NIA to file its reply in April, the agency had not yet done so. She also mentioned that the Bombay High Court is set to hear Navlakha’s bail plea.
Raju stated that the house arrest order was unusual and likely the first of its kind. “He obtained the house order on grounds of his sickness. He said one lady would stay with him. But she isn’t staying most of the time,” Raju commented, claiming the house arrest order was not warranted.
The ASG also noted that Navlakha owes money to the State for the police security provided to him and urged the court to direct him to pay at least Rs 20 lakh for this purpose. This follows a previous direction from the apex court for Navlakha to deposit Rs 2.4 lakh for security expenses when he was first placed under house arrest in November 2022.
The case against Navlakha relates to alleged inflammatory speeches made during the Elgar Parishad conclave in Pune. The police claim these speeches incited violence near the Koregaon-Bhima war memorial the following day.
Navlakha has been in custody since April 14, 2020. At the time of allowing his house arrest, the top court observed that Navlakha does not have any criminal background except for this case. The government of India had even appointed him as an interlocutor for talks with Maoists in the past.
The court’s latest comments add another layer of complexity to the ongoing legal proceedings. It remains to be seen what impact this will have on Navlakha’s case and whether it will serve as a precedent for similar cases in the future.
