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Gautam Navlakha House Arrest: SC Dismisses NIA’s Plea

Bhima Koregaon, Gautam Navlakha, Supreme Court. NIA
The Supreme Court today dismissed the review petition of the NIA (National Investigation Agency) in the Gautam Navlakha case. The Supreme Court on Friday rejected the application of the National Investigation Agency (NIA) to recall its order allowing the house arrest of activist Gautam Navlakha in the Bhima Koregaon violence case.
The apex court asked for Navlakha to be put under house arrest within 24-hours after shifting him from Taloja jail in Navi Mumbai.
Solicitor General Tushar Mehta, who sought the recall of the order of Navlakha’s house arrest told the court, “The message that goes out is that though Article 14 says all are equal, some are more than equal.” The apex court asked for Navlakha to be put under house arrest within 24-hours after shifting him from Taloja jail in Navi Mumbai.
Solicitor General Tushar Mehta, who sought the recall of the order of Navlakha’s house arrest told the court, “The message that goes out is that though Article 14 says all are equal, some are more than equal.”
Justice K M Joseph, who presided over the bench which delivered the house arrest order said that all conditions that Additional Solicitor General S V Raju wanted to be incorporated were included, and “in that sense, it was an agreed order.” In counter to that, ASG Raju said that it was not an agreed order.
The apex court also ordered additional security measures to be put in place where Navlakha will be lodged under house arrest, PTI reported.
Navlakha is yet to be shifted from Taloja jail near Mumbai despite the top court’s November 10 ruling to this effect.
Navlakha, who is facing charges under the stringent Unlawful Activities (Prevention) Act, had initially said he would stay with his sister, Mridula Kothari, in Mumbai. But the NIA said one of the doctors who had signed the medical report submitted by Navlakha in support of his plea was Mridula’s husband, Dr S Kothari, a senior doctor at Jaslok Hospital. Following this, Navlakha said he would stay with his partner, Sahba Husain. The court allowed this.
The case relates to speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017. Police claim these speeches triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city.
The Supreme Court had allowed Navlakha’s request for house arrest owing to his health. It directed that he will remain in Mumbai at an address already furnished 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.

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About the Author: Ashish Sinha

-Ashish Kumar Sinha -Editor Legally Speaking -Ram Nath Goenka awardee - 14 Years of Experience in Media - Covering Courts Since 2008
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