SC rejects plea to recall house arrest order for Gautam Navlakha; slams NIA

After a sharp exchange of words between the National Investigation Agency (NIA) and  Supreme Court two-judge bench, the apex court on Friday (November 18) squashed the plea to recall its order allowing Bhima-Koregaon violence case accused Gautam Navlakha to be under house arrest instead of being lodged in jail on medical grounds.

It also directed that the order be complied within 24 hours.

On November 10, the apex court had ruled Navlakha should be put under house arrest within 24-hours after shifting him from Taloja jail in Navi Mumbai. Navlakha is yet to be shifted from Taloja jail near Mumbai.

The two-judge Supreme Court (SC) bench flatly refused to recall its order sharply responding to the arguments put forth by solicitor general Tushar Mehta. However, the SC ordered certain additional security measures to be put in place where Navlakha will be lodged under house arrest.

Deliberately misled

The NIA told the SC that it was “deliberately misled” when they had permitted house arrest for activist Gautam Navlakha, who is purportedly very unwell. But the NIA dismissed the activist’s medical condition argument as “a sham”.

Solicitor general Tushar Mehta said in court that they have moved an application to vacate the previous order. “The facts are really disturbing. Everyone started with a presumption that Gautam Navlakha was not well,” said Mehta, adding Navlakha had refused to go to three hospitals.

Also read: Bhima Koregaon case: SC grants bail to Varavara Rao on medical grounds

According to Mehta, he was discharging this duty with a heavy heart. “As there are several inmates… same age and same ailments… but they don’t have any luxury of home arrest,” he said, pointing out the “lordships were deliberately misled”.

He also raised concerns about the safety of the premises chosen by Navlakha’s team and urged the court to disallow the house arrest ruling.

Is the state incapable of taking care?

The SC however responded firmly to the objections and asked whether the solicitor general Mehta and ASG (additional solicitor general SV Raju) are saying that the police can’t keep a watch over an ailing 70-year-old man? “With all the might of the state… Is the state incapable of taking care? You can’t take care so let us take care,” said Justice Hrishikesh Roy.

When the NIA sought time till Monday, Justice KM Joseph said crossly that they could see through their attempts to delay the case. “For what purpose will we post on Monday? We are passing an order,” said the judge, refusing to recall the order.

To which, solicitor general Tushar Mehta said, “The message that goes out is that though Article 14 says all are equal, some are more than equal.” Mehta also raised objection to the fact that the premises given for house arrest belonged to the Communist Party of India office. To which, the judge KM Jospeh pointed out that CPI is a recognised political party of India.

What is the issue, he asked. To which, Mehta said, if it does not shock you, what can i say?

“No, it does not shock us,” the Supreme Court replied.

Also read: Elgar case: Special NIA court refuses bail to activist Gautam Navlakha

Navlakha’s house arrest

Navlakha had initially said he would stay with his sister, Mridula Kothari, in Mumbai. But the NIA said Mridula’s husband was one of the senior doctors from Jaslok hospital who had signed the medical report submitted by Navlakha in support of his plea. Navlakha then said he would stay with his partner, Sahba Husain and the court permitted this arrangement.

The SC had allowed Navlakha’s request for house arrest owing to his health. The court said however that he will remain in Mumbai at an address given to the court. It also allowed the NIA to inspect the premises before shifting him there and imposed certain conditions, including CCTV surveillance, restrictions on phone use and no access to Internet.

Navlakha has been in jail since April 2020. The case relates to speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017. The Pune police claim these speeches at the conclave backed by Maoists triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city.