A Bench comprising of Justices KM Joseph and Hrishikesh Roy orally made this statement while dismissing the NIA's application seeking to vacate the Court's order dated November 10 which permitted the transfer of Bhima Koregaon case accused Gautam Navlakha from Taloja jail to house arrest.
Additional Solicitor General SV Raju had submitted that every time the NIA pointed out a loophole, the petitioners said that they would close it. "what if it turns out to be a gaping hole.."
"We can take it another way, if you are taking loopholes to defy our orders, then we will take a serious view", Justice KM Joseph remarked.
"If with the entire police force you cannot keep a watch on a 70 year old ailing man, then think about the weakness...please do not say such a thing. With all the might of the State, you are not able to keep a 70 year old ailing man in house confinement", Justice Roy commented about NIA's objections.
The NIA had moved the application citing that the medical reports of Justlok Hospital which examined Navlakha was 'biased' and that Navlakha had suppressed certain material facts before the Court.
The Special NIA Court at Mumbai on Wednesday had refused to pass orders to execute the house arrest of Navlakha, after the NIA objected to the location chosen by Navlakha. This prompted him to move an application alleging delay in implementing court's earlier order granting him house arrest which was considered by the Bench today.
NIA, in its application contended that the petitioner had tried to mislead the court with regard to the location of his house arrest. It revealed that the petitioner was currently residing at the top floor of a public library under the Communist Party.
"It is further submitted that that it is inconceivable how the house arrest of a person who is accused of Maoist activities be carried out in building which is a public library/Bhagwan registered in the name of a political party, i.e., the communist party."
This aspect was brought to light by Solicitor General Tushar Mehta before the Bench.
"What is this political party argument? I did not understand", Justice Joseph said.
"He's staying in a building where CPI has a library", SG Mehta replied.
"Is the Communist party not a recognized party?", the Bench shot back.
"If that does not shock this court, I will leave it at that", SG said. "It certainly does not shock us", Justice Joseph asserted.
"A person accused of indulging in a serious terrorist act being a Maoist is staying at some political party's office? What is this institution being driven to?", SG asked.
In reply, Senior Advocate Nitya Ramakrishnan appearing for the petitioner said :
"The Communist party itself condemns Maoists. Anybody with basic understanding of contemporary politics will know that Communist party is a recognized party..."
After the hearing both the sides, the Bench dismissed the NIA's application while putting forth certain additional conditions for the house arrest of the septuagenarian, such as the sealing of the kitchen door leading to the exit point and the locking of the grills of the hall. The bench noted that Navlakha has complied with the condition of installing CCTV cameras at both the exit points.
The Bench also asked the NIA to comply with the Court's November 10 order within 24 hours.
Case Title: Gautam Navlakha Versus National Investigation Agency And Anr. | Slp(Crl) No. 9216/2022 Ii-A