Supreme Court doubts its earlier order permitting house arrest for Bhima Koregaon accused Gautam Navlakha

New Delhi: The Supreme Court on Friday asked the National Investigation Agency (NIA) to file a reply in four weeks’ time to activist Gautam Navlakha’s plea seeking to be shifted to a house in the Alibaug area of Maharashtra.

Navlakha is currently under house arrest at a Mumbai public library in connection with the Elgar Parishad-Maoist links case.

In a turn of events, the apex court on Friday raised doubts on its November 2022 order allowing Navlakha to be released from detention and placed under house arrest on grounds of his deteriorating health.

Such an order, the court orally observed, might set the 'wrong precedent'.

On November 10, last year, the top court had allowed Navlakha to be placed under house arrest after considering his deteriorating health and also asked him to provide local surety of Rs 2 lakh by November 14.

Nablakha’s counsel apprised a bench of Justices M.M. Sundresh and J.B. Pardiwala that the top court had directed the NIA to file its reply in April but it has not submitted its response to date.

The court then adjourned the hearing for eight weeks until the end of October.

Stressing on the urgency of his application the court was told that he would have to vacate his current residence soon.

On the other hand, Additional Solicitor General S.V. Raju reiterated the central agency's concerns over the order of house arrest.

He said: “This is an unusual order of house arrest. Probably the first of its kind...And this plea for house arrest was on grounds of his sickness. He said one lady would stay with him. But she is not staying with him most of the time, when in jail, there would be a force to look after so many people."

To which, Justice Sundresh said that the court had its reservations about its earlier order and said that such an order for one person might set the wrong precedent.

The judge said: "Prima facie we have our reservations, but a lengthy order has been passed...Without going into the merits of the case, this might set a wrong precedent. His plea may have one hundred per cent merit and we are not saying anything on that.”

Earlier, ASG Raju, appearing for the NIA and the Maharashtra government, had submitted before a bench headed by Justice K.M. Joseph that the house in Alibaug, where Navlakha wants to shift, is 110 km from the trial court and more than seven hours would be spent in taking him to the court and then taking back to his residence.

Navlakha's counsel had submitted that Alibaug is in the same district as Taloja jail, where he was lodged while questioning the contention regarding distance.

Raju had contended before the bench, also comprising Justice B.V. Nagarathna, that the house in Alibag area is located in a residential area where it is very difficult to cordon off, while vehemently opposing Navlakha's plea. "It is not feasible keeping the security aspect in mind," he said.

He had also argued that the ground taken by Navlakha for house arrest was a farce and added that he had requested the court to move him from a jail to house arrest on health grounds, citing absence of good health facilities. Raju submitted that the area, where he seeks to shift does not have any super speciality hospital.

Senior advocate Nitya Ramakrishnan, representing Navlakha, had vehemently opposed Raju's submission. She contended that they can certainly discuss with the probe agency regarding the area where he can be put under house arrest.

After hearing submissions, the top court had asked Raju to bring on record the agency's objection and scheduled the matter for further hearing in August.

On April 28 this year, the top court had directed Navlakha to deposit another Rs 8 lakh for making available police personnel for his security.

On September 29 last year, the Supreme Court directed the Taloja jail Superintendent to immediately shift Navlakha to Mumbai's Jaslok hospital for treatment.

Navlakha moved the apex court challenging Bombay High Court judgment passed in April, dismissing his plea to be transferred from Taloja Prison and placed under house arrest instead. In August 2018, he was arrested and initially placed under house arrest. In April 2020, after an apex court order he was moved to Taloja Central Prison in Maharashtra.