Bhima Koregaon Case | Trial May Not Be Over For Another 10 Years, Says Supreme Court While Hearing NIA Challenge To Navlakha's Bail

This was after the Senior Advocate Nitya Ramakrishnan, appearing for Navlakha, informed the Court that there were 375 witnesses in the case.

The matter was placed before the Bench of Justices MM Sundresh and SVN Bhatti.

The septuagenarian has been in custody since August 2018 for offences under the Unlawful Activities (Prevention) Act, 1967, after being arrested in connection with the 2018 caste-based violence that broke out at Bhima Koregaon in Pune and for allegedly furthering the agenda of proscribed far-left outfit Communist Party of India (Maoists) and conspiring to overthrow the government. He has been under house arrest since November 2022, following the apex court's intervention.

Pertinently, Navlakha's plea for shifting his house arrest location in Mumbai was also listed today. During earlier proceedings, the NIA had stressed that Navlakha must first pay 1.6 crores to meet the cost of the surveillance incurred during his house arrest. However, Senior Advocate Nitya Ramakrishnan, who represented Navlakha in the previous hearing, fervently opposed such demand, accusing the agency of 'extortion.' At the same time, Additional Solicitor General SV Raju, representing the probe agency, quickly objected to using the term 'extortion.'

Previously, 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, Gautam Navlakha's Advocate, Shadan Farasat, apprised the Division bench that paying the expenses was of no difficulty and that the issue was about calculating such expenses.

Today's hearing was adjourned at the request of the NIA's counsel, who apprised the Bench that ASG was occupied in another matter. While Ramakrishnan expressed no objection to this plea, she submitted that the bail order, which was passed on merits by the High Court, was stayed without even hearing the party.

When the Court asked about the stage of the case, she replied that applications Section 207 (Supply to the accused of copy of police report and other documents) of the CrPC are pending. At this juncture, the Court asked “How many witnesses are there?”. After Ramakrishnan informed about the number, Justice Sundresh said: “It may not be over for another 10 years.”

Accordingly, the matter was adjourned to next Tuesday. The Bench assured that it would take both matters.

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