Supreme Court Grants Time To NIA To File Counter Affidavit Regarding Change In Location of Gautam Navlakha’s House Arrest

The Supreme Court, on Monday, granted four weeks’ time to the National Investigation Agency (NIA) to file a counter affidavit with respect to the change in location of house arrest of the human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case.

A Bench comprising Justice KM Joseph and Justice BV Nagarathna was considering an application filed by him seeking to shift his house arrest location in Mumbai.

On the last occasion, the Bench had directed Navlakha to deposit Rs 8 lakhs to meet the expenses of surveillance and costs as indicated in its order dated 10.11.2022. 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 would be borne by Navlakha himself.

On Monday, appearing before the Bench on behalf of Navlakha, Senior Advocate Nitya Ramakrishnan submitted that due some difficulties the deposit of Rs. 8 lakhs is yet to be made. However, she apprised the Bench that NIA is aware of the same and the said amount would be handed over in two days.

Justice Joseph enquired, “What is the stage of the trial?”. To this Ramakrishnan responded, that in a report sent by the Trial Court in another matter pertaining to a co-accused it has said that it would not be able to frame charges for the next year.

Navlakha was originally housed in a hall in the first floor of a library building under the control of the Communist Party of India (Marxist). However, since the trust wanted the place back, Navlakha was constrained to look for another accommodation. On the last date of hearing Ramakrishnan had informed the Bench that with great difficulty, Navlakha has now found a place on rent in Alibaug.

Additional Solicitor General, SV Raju, appearing on behalf of the NIA raised three issues with respect to Navlakha’s current location of house arrest.

1. The primary reason for seeking house arrest was Navlakha's medical condition. However, there are no super-speciality hospitals in the vicinity of his house of Alibaug. In view of the same the ASG indicated that the ground of medical condition might have been a farce. Ramakrishnan objected to his submission.
2. Alibaug is 110 km away from the Court. Every time Navlakha has to be taken to Court it takes them 3 hours. In this regard the ASG submitted, “That is very cumbersome, not very feasible. About 6-7 hrs go only in travelling.” Ramakrishann submitted that his house in Alibaug is in the same district as Taloja jail.
3. The third reason put forth was the security issue. The new house being on a seashore it is difficult to have security checks there.

Ramakrishnan submitted that the place of house arrest can be debated. She suggested that if there is objection with respect to the house in Alibaug then some time be given to Navlakha to look for other places for accommodation. She said that since the NIA has taken time to file counter affidavit, in the meanwhile she may be permitted to provide a list of probable places for accommodation to the NIA.

The Bench said that it would take up the matter on 14th August, 2023. However, Ramakrishnan asked for a date in the last week of August. She submitted, “Last week of August be given. Finding a house in Bombay is not easy. We may be given some more time.” At the end of the, the Bench indicated that the matter may be taken up on 18th August, 2023.

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

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