Bhima Koregaon Case : Supreme Court Refuses To Extend Stay On Gautam Navlakha's Bail, Says Trial May Take Years To Complete

The High Court bench of Justices AS Gadkari and Shivkumar Dige granted bail to Navlakha last December after noting that there is no material to infer that Navlakha had committed a terrorist Act as contemplated under Section 15 of UAPA. However, the High Court stayed its order for three weeks after the NIA sought time to challenge it in the Supreme Court. Time and again, this stay was extended by the Top Court. 

The Court, in today's order, lifted this interim stay after categorically noting that Navlakha has been incarcerated for more than four years and the trial would take "years and years and years for its completion." The Court also took into consideration the relevant factors, including that charges have not been framed. 

"Prima facie we are of the view that there is no need for extend the interim order of stay. The appellant has been in incarceration for more than four years and charges are yet to be framed…the High Court by detailed order has deemed fir to grant bail….the trial would take years and years and years for its completion. Thus…without going into the respective contention, we are not inclined to extend the stay.”

Senior Advocate Nitya Ramakrishnan, appearing for Navlakha, argued on the points of prolonged incarceration and that other co-accused have been enlarged on bail. She also challenged the amount asked for the house arrest and submitted that it was unsustainable. Ramakrishnan rested her argument on the reasoning that the charges do not take into account Navlakha's income. 

Per contra, Additional Solicitor General SV Raju contended that some of the co-accused have not been granted bail. He stressed that the allegations were serious and the High Court had committed an error by granting the bail.

As far as the issue of house arrest was concerned, the Court directed Navlakha to pay 20 lakhs as an interim stage. This amount will have to be paid as a precondition of the bail granted by the High Court. 

Previously, the Senior Advocate Nitya Ramakrishnan, appearing for Navlakha, informed the Court that there were 375 witnesses in the case. Following this, the Court orally said that the trial “may not be over for another ten years.” Ramakrishnan had also expressed her concern that the bail order, which was passed on merits by the High Court, was stayed without even hearing the party. Accordingly, the Court posted the matter for today.

Pertinently, Navlakha's plea for shifting his house arrest location in Mumbai was also listed today. During an earlier hearing, the Court orally told Bhima Koregaon-accused Gautam Navlakha's Advocate, Shadan Farasat, that if house arrest was sought, the surveillance expenses incurred by the NIA must be paid. Following this, Farasat apprised the division bench that paying expenses was of no difficulty; the issue was calculating such expenses.

Navlakha is the seventh out of the sixteen accused in the Bhima Koregaon case to get bail.  Sudha Bharadwaj got default bail(2021), while Anand Teltumbde(2022), Vernon Gonsalves & Arun Ferreira(2023) got bail on merits. Varavara Rao has been granted bail on medical grounds. Last month, the Supreme Court granted bail to Professor Shoma Sen.  Although the Bombay High Court granted bail on merits to Mahesh Raut, the orders were stayed by the High Court itself and the stay order was extended by the Supreme Court. Another accused, Father Stan Swamy, passed away in custody in July 2021.

Case Details:

1. Gautam Navlakha v. National Investigation Agency & Anr. | Special Leave Petition (Criminal) No. 9216 of 2022

2. National Investigation Agency v. Gautam P Navlakha & Anr. | Special Leave Petition (Criminal) No. 167 of 2024

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