The Bombay High Court said there is “no harm” in allowing Elgar Parishad accused Gautam Navlakha to shift to his Delhi residence till the trial starts, noting he is not a flight risk. The court observed that forcing the 73-year-old to stay in Mumbai despite having a home in Delhi was unjustified.
Mumbai: The Bombay High Court on Tuesday said it was inclined to allow human rights activist Gautam Navlakha to shift to his residence in Delhi until the trial begins in the Elgar Parishad Maoist links case.
A division bench of Justices Bharati Dangre and Shyam Chandak observed that Navlakha is not a flight risk, noting that there has never been any instance where he attempted to escape or evade the legal process.
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The court also took into account Navlakha’s personal circumstances, stating that he feels forced to stay in Mumbai despite having his home and social life in Delhi.
Navlakha was granted bail by the Bombay High Court in 2023 in the Elgar Parishad case. However, one of the conditions imposed by the court was that he should not leave Mumbai without taking prior permission from the trial court. Following this condition, Navlakha has been residing in Mumbai in rented accommodation.
Earlier this year, Navlakha approached the special National Investigation Agency (NIA) court seeking permission to stay in Delhi, stating that Delhi is his hometown and he owns a house there.
The NIA court, however, rejected his request. Aggrieved by the decision, Navlakha moved the Bombay High Court challenging the order.
During the hearing on Tuesday, Navlakha’s counsel Yug Chaudhary informed the bench that Navlakha is now 73 years old and has been staying in Mumbai in rented premises ever since he was released on bail.
Chaudhary submitted,
“He is originally from Delhi. He has a house there. He cannot afford to stay in Mumbai. The trial in the case is simply not beginning. If it continues like this then he will go bankrupt,”
The senior counsel further assured the court that Navlakha would cooperate fully with the trial process. He said that Navlakha was willing to attend court proceedings through video conferencing from the NIA office in Delhi.
The counsel stated,
“As and when the trial court directs or even the prosecutor asks, Navlakha would appear before the trial court physically,”
After hearing the arguments, the bench clarified that it would not permit Navlakha to attend the trial from Delhi once the proceedings begin. However, the court said it was inclined to allow him to shift to Delhi until the trial formally starts.
The High Court observed,
“We are satisfied with the reasons shown in his plea and there is nothing to show that he is a fligh risk. We have made up our mind,”
The bench also noted that there had been no attempt by Navlakha to flee at any stage of the case.
The court said,
“The applicant (Navlakha) feels that he is forced to stay in Mumbai when his house is in Delhi. He has assured that he will come back to Mumbai when the trial begins,”
Taking into account his age and personal circumstances, Justice Dangre remarked,
“Consider his age. He feels completely uprooted from his life and his social circle. He is now free in the sense he is out on bail. Just imagine. It is not that we are permitting him to escape the clutches of law.”
The High Court further stated that the prosecuting agency, the NIA, would be free to suggest conditions that should be imposed on Navlakha if he is permitted to move to Delhi. The matter has been posted for further hearing on Wednesday.
The NIA has accused Gautam Navlakha of being a co-conspirator in the Elgar Parishad case. According to the agency, he was involved in spreading Maoist ideology and activities on the instructions of leaders of the banned Communist Party of India (Maoist).
The case is related to alleged provocative speeches made during the Elgar Parishad event organised by the Kabir Kala Manch at Shaniwarwada in Pune on December 31, 2017.
These speeches allegedly promoted hatred between different caste groups, leading to violence at Koregaon-Bhima in Pune district the following day. The violence resulted in loss of life and property and led to widespread unrest across Maharashtra.
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Initially, the Pune police registered the case in 2018, alleging that the accused persons delivered inflammatory speeches that triggered the violence. Later, the investigation was transferred to the National Investigation Agency.
So far, 16 people, including lawyers, activists, and academics, have been arrested in connection with the Elgar Parishad case. They have been accused of supporting and furthering the activities of the banned CPI (Maoist).
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