'We Are Considering To Send Him On House Arrest, Tell Us What Are The Conditions To Be Imposed'? Supreme Court To NIA In Gautam Navlakha's Plea

"This Court has considered house arrest as a form of custody... All kinds of restrictions. We will try out. He's not in the best of health," the Top Court said after an hour long hearing.

The bench also expressed regret over the delay in trial, which is yet to begin, when the chargesheet against him was filed way back in October 2020.

"That's little disturbing. If you have so much material, then why? ...70 years old man. He's on his way to the inevitable…If he does something, he will lose his freedom," the bench said orally.

The 73-year-old human rights activist was arrested in August 2018 and has been under custody ever since.

He is said to be suffering from serious ailments, including skin allergy and dental issues, and cited the need to undergo colonoscopy to test suspected cancer. He had approached the Top Court after the Bombay High Court rejected his prayer to be shifted to his sister's house.

On September 29, the Supreme Court had ordered his medical check-up at a hospital of choice, after Senior Advocate Kapil Sibal argued that he had many health complications.

Today, Sibal submitted that the medical reports show that there's no possibility of him being treated in jail.

"There's no way in the world you can get this kind of treatment/monitoring done in jail…He's had alarming weight loss. This kind of treatment not possible in jail. Consistent with your Lordships order, I satisfy the tests for house arrest. Then shouldn't I be granted? At least for 2-3 months…He's 69!" Sibal said.

He also emphasized that Navlakha is an undertrial, not convict. Further, the chargesheet against him has been filed in 2020 and the trial is yet to begin.

However, Additional Solicitor General SV Raju appearing for the NIA argued that Navlakha's condition has improved and he has no complaints at the moment.

"They want to obtain bail by hook or crook. They will say trial is being delayed. So many bail applications filed. Today discharge application filed," he said.

His STPT levels are high? the bench asked the ASG.

"Not that high. It's manageable. If you control your diet etc... Not something that you require house arrest. We will provide mattress and cot everything. We will allow him to bring home food also," the ASG responded.

"Nothing happened to Stan Swamy. He passed away," Sibal interjected.

At this juncture, the bench asked the NIA to consider Navlakha's request.

"Place whatever restrictions. At least let him remain in house arrest for a few days. Let's try to work it out… How old are you? 68? So, you might understand..." the Bench told the ASG.

The ASG then alleged that Navlakha is in touch with Kashmiri extremists.

"Why is that you can't prevent that in house arrest? Constables can be posted?" the bench asked.

The ASG responded that House arrest is "difficult to monitor".

The bench then turned its attention to the material relied on by the investigating agency to contend that Navlakha has links with ISIS.

"This is the material... How do you connect the dots? ISIS And Gautam, what's the link?" the Bench asked.

ASG then referred to some documents produced as evidence against Navlakha in a US Court.

This prompted the bench to orally remark,

"This is going to be base for convicting a man for guilty under UAPA…70 years old man. He's on his way to the inevitable. We are not granting him bail. Whatever restrictions you want, you put. I don't think they want to destroy this country…People who destroy this country, want me to tell you? People who are corrupt. Every office you go, what happens. Who is taking action? Crores of Rs. They get away with it."

ASG alleged that there is a connection between Navlakha and the ISI General, who met for recruitment.

However, Sibal argued that no evidence in this regard is on record.

Case Title: Gautam Navlakha v. National Investigation Agency & Anr. | SLP(Crl) No. 9216/2022 II-A

Click Here To Read/Download Order