SC directs activist Gautam Navlakha to be placed under house arrest on medical ground

The Supreme Court granted civil rights activist Gautam Navlakha’s request to be released from Taloja Central Jail due to his medical conditions on Thursday and ordered him to be placed under home arrest for one month.

For his suspected involvement in the Bhima Koregaon incident, Navlakha (70) is a suspect under the Unlawful Activities Prevention Act (UAPA).

He has been suspected of having ties to the Communist Party of India, a banned Naxal organisation, by the National Investigation Agency (NIA), which is looking into the case against him (Maoist).

A bench of justices KM Joseph and Hrishikesh Roy said the order is being made on an experimental basis by allowing Navlakha to stay at a property in Belapur, Navi Mumbai with his 71-year-old partner, while imposing several conditions on him and his partner during their stay there.

The petitioner will not be allowed to use a mobile phone, laptop, internet, or any other communication device while in custody, the Court said. However, his companion will be permitted to make and receive calls using a simple cell phone. Navlakha was not allowed to use his partner’s phone but was given permission to use the phone of a police officer for a 10-minute conversation.

The court ordered Navlakha to first provide two local sureties of 2 lakh each and submit an upfront deposit of 2.40 lakh to the Maharashtra government for the provision of round-the-clock armed security officers outside the residence because he is still in detention and is not out on bail.

The petitioner was instructed to install CCTVs outside the entrances to the residence and rooms after giving the NIA and state government 48 hours to screen the property.

The petitioner has not been allowed to travel outside of hospital visits for medical emergencies and court appearances in Mumbai while the issue is being tried.

During his stay, the Court directed that no person will be allowed to meet the petitioner except two family members in a week. Their names shall be provided in advance by petitioner to NIA in three days.

The Court granted him access to this facility and instructed the petitioner to give notice in advance of the names of the attorneys who will represent him while under house arrest in accordance with the jail manual.

However, the Court gave him permission to leave the building while being escorted by police officers due to his high blood pressure and lumbar and cervical spondylitis. Additionally, he will have access to books, newspapers, and television.

The Court said that its order is not final and will be up for review after a month by when the petitioner has to furnish a fresh medical report of his health condition from KEM Hospital, based on which the Court will take a further call on extending his house arrest.

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