NIA Moves Supreme Court To Vacate Order Allowing House Arrest Of Gautam Navlakha, Says Medical Reports Are Vitiated By Bias

The National Investigation Agency has filed a fresh application in the Supreme Court seeking to vacate the order allowing the shifting of activist Gautam Navlakha to house arrest from the Taloja prison in Mumbai where he is lodged in connection with the Bhima Koregaon case.

The NIA said that the medical reports cited by Navlakha, which were relied upon by the Court to grant him relief, are biased since they are prepared by Jaslok hospital, where the main doctor, Dr S Kothari, is his direct brother-in-law.

"It is not unreasonable to assume that the said doctor, being on a very senior position in the said hospital, would yield considerable influence in the said hospital. It is submitted that considering the fact that a senior doctor of the said hospital is directly related to the Petitioner and was a part of the preparing medical report of the Petitioner, that a clear case of personal bias vitiates the said report, has been made out by the Respondent", the NIA said.

The agency contended that when Navlakha submitted before the Court the name of Jaslok Hospital for medical examination, he did not disclose his relationship with Dr.Kothari, and therefore NIA had no opportunity to object. Therefore, the NIA has also sought for vacating the earlier order passed by the Court on September 29 which allowed the shifting of Navlakha to Jaslok hospital for medical examination.

It further said that the Court passed the order on the understanding given by Navlakha that the house will be a private residence. However, the location chosen by him is a public library under the control of the Communist Party. i

"It s inconceivable as to how the said conditions(conditions for house arrest) can be carried out in a building which is a public library registered in the name of a political party", the application stated.

The NIA also stated that Navlakha has been chargesheeted under the UAPA for serious allegations which have a bearing on national security and that there was clear evidence showing his links to Maoists and Kashmir terrorists.

The Special NIA Court at Mumbai yesterday refused to pass orders to execute the house arrest of Navlakha, after the NIA objected to the location chosen by Navlakha.

Navlakha has also moved the Supreme Court alleging that the NIA did not comply with the Court direction to inspect the location of house arrest within 48 hours. Today morning, Senior Advocate Nitya Ramakrishnan mentioned the matter before Chief Justice of India DY Chandrachud for urgent listing. Solicitor General of India Tushar Mehta also requested for listing of an application which the NIA was going to filed.

The CJI allowed the listing of both the applications tomorrow before the bench led by Justice KM Joseph.