Supreme Court Asks Gautam Navlakha To Deposit Rs 8 Lakhs Towards Surveillance And Security Expenses For House Arrest

On 10th November, 2022 the Court ordered to move Navlakha, 73, from Taloja Central Prison to house arrest, considering his advanced age and multiple ailments. In that order, the court had recorded that while he was on house arrest, the expense of surveillance, approximately Rs. 2.4 lakhs, would be borne by Navlakha himself. The cost CCTV installation will also be borne by him. In case he is acquitted, the amount will be reimbursed, the Bench said. It added, "The Court will revisit whether payment to be made for police personnel will remain open."

Today, the bench was considering an application filed by him seeking to shift his house arrest location in Mumbai.

At the request of the Additional Solicitor General, SV Raju, appearing for NIA, a Bench comprising Justice KM Joseph and Justice BV Nagarathna granted him time to file counter affidavit within a period of 2 weeks. The matter is to be next listed on 15th May, 2023.

Senior Advocate Nitya Ramakrishnan reminded the Bench that some time back she had sought transfer from Mumbai to Delhi because the trust where Navlakha was housed wanted the place back. However, she had withdrawn the application stating that Navlakha would look for accommodations in the territory of the jurisdictional Court. She apprised the Bench that with great difficulty, Navlakha has now found a place on rent.

The ASG submitted that Navlakaha has deposited only Rs. 2.4 lakhs to meet the expenses of the police officers who are with him round the clock. However, the total expenses incurred was Rs. 66 lakhs. He submitted that Navlakha ought to clear the outstanding expenses. Additionally, he submitted that his new house is in Alibaug and is located 110 km away from the Court. He added that his new house being on a seashore it is difficult to have security checks there.

Ramakrishnan objected to the amount of Rs. 66 lakhs being projected as the outstanding amount. She asked for the calculation and a break up of the relevant expenses incurred by the NIA till date. She submitted, “2 lakhs they said for a month. It has been 6 months. I didn't know on the basis of what they have arrived at this Rs. 66 lakhs.”

She further submitted, “It’s very sultry in Mumbai. He cannot take a full 45 min walk in the morning. Can he take an additional 30 min in the evening.”

The ASG said that he would seek instructions in this regard. Surprised, Justice Joseph asked, “For this also you need to take instruction?”

The ASG responded, “Every time he walks the policemen are compelled to walk with him”. On a lighter note, Justice Joseph said, “In fact the police officers will become trim. In fact he is doing a favour. They are often out of shape.”

[Case Title: Gautam Navalakha v. NIA And Anr. SLP(Crl) No. 9216/2022]