On Thursday, the National Investigation Agency (NIA) submitted a fresh plea to the Supreme Court, requesting the vacation of its order granting house arrest to Gautam Navlakha, an accused in the Bhima Koregaon violence case. Simultaneously, Navlakha approached the court, alleging a delay in implementing its November 10 order.
The conflicting pleas were brought before a bench led by Chief Justice of India D Y Chandrachud, which deferred the matter to Friday for consideration by the bench presided over by Justice K M Joseph, the one that had issued the house arrest order.
Senior Advocate Nitya Ramakrishnan, representing Navlakha, argued that the activist had not been moved from Taloja jail near Mumbai, despite the court’s approval, as the NIA had raised objections. She stated that the agency had not inspected the proposed premises within the mandated 48-hour period due to its objections, preventing the implementation of the house arrest order.
Solicitor General Tushar Mehta contended that Navlakha, accused of involvement in Maoist activities, had provided the address of the library-cum-office of the Communist Party of India instead of a residence for his intended stay.
The case revolves around speeches made at the Elgar Parishad conclave in Pune on December 31, 2017. Police allege that these speeches led to violence near the Koregaon-Bhima war memorial the following day.
Previously, the Supreme Court had granted house arrest to Navlakha citing health reasons, directing him to stay in Mumbai at a specified address. The NIA was permitted to inspect the premises before his relocation, subject to conditions like CCTV surveillance, phone use restrictions, and no internet access.
The NIA raised objections, stating that the claimed address was a public library building under the control of a political party. The agency accused Navlakha of withholding material facts and emphasized that, as a charged accused in a serious case involving unlawful activities, he should not receive special treatment not available to other accused.
