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Justice Ravindra Bhat Recuses From Hearing Gautam Navlakha's Plea To Shift From Prison To House Arrest
Padmakshi Sharma
29 Aug 2022 2:28 PM IST
Supreme Court, on Monday, was to hear the plea of Bhima Koregaon case accused, Gautam Navlakha who sought to be transferred out of Taloja Central Prison and be placed under house arrest owing to the alleged denial of basic medical necessities. Justice S. Ravindra Bhat, who was on the bench with Chief Justice U.U. Lalit, recused himself from hearing the matter. CJI Lalit, while noting that...
Supreme Court, on Monday, was to hear the plea of Bhima Koregaon case accused, Gautam Navlakha who sought to be transferred out of Taloja Central Prison and be placed under house arrest owing to the alleged denial of basic medical necessities. Justice S. Ravindra Bhat, who was on the bench with Chief Justice U.U. Lalit, recused himself from hearing the matter.
CJI Lalit, while noting that Justice Bhat could not hear the matter and instead it should be placed before Justice K.M. Joseph stated that–
"Justice Bhat cannot hear. This case is not to be listed before a bench with Justice Bhat. List before me on administrative side...This case was listed before me and Justice KM Joseph last. We will have this case listed before a bench with Justice Joseph."
Navlakha, who is 70 years old, had earlier approached the Bombay High Court seeking house arrest. The Bombay High Court had dismissed his plea and stated that whatever grievances Navlakha had in prison could be placed before the trial court for appropriate action. Navlakha, while seeking house arrest, had cited the lack of medical facilities at Taloja Prison, where he was lodged, and the Supreme Court's observations while rejecting his default bail plea in May 2021. The apex court had observed that in appropriate cases, under section 167 of the CrPC, the court may order house arrest considering the accused's age, health, and antecedents. Navlakha had asserted that he falls squarely within this definition.The septuagenarian, along with 14 other civil liberties activists is accused under the stringent Unlawful Activities (Prevention) Act (UAPA) for allegedly furthering the banned CPI(M)'s agenda and conspiring to overthrow the government. Evidence in the case is mainly in electronic form.
Navlkaha, along with 14 other civil liberties activists, is accused under the stringent Unlawful Activities (Prevention) Act (UAPA) for allegedly furthering the banned CPI(M)'s agenda and conspiring to overthrow the government. Evidence in the case is mainly in electronic form.
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