Supreme Court: Extends Stay on Gautam Navlakha’s Bail as Directed by Bombay High Court in Bhima Koregaon Case.

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The Supreme Court in the Bhima Koregoan case has decided to extend the stay on Gautam Navlakha’s bail, following the directive issued by the Bombay High Court. Navlakha, a prominent journalist and human rights activist, was arrested in April 2020 over allegations linking him to Maoist groups and inciting caste violence during the Bhima Koregaon incident in 2018. The stay on his bail, imposed by the Bombay High Court, has been extended by the Supreme Court until further hearings take place.

New Delhi: The Supreme Court of India has decided to extend the suspension of bail for Gautam Navlakha, a journalist and human rights advocate, in the Bhima Koregaon case. A bench comprising Justices MM Sundresh and SVN Bhatti, who were considering the appeal by the National Investigation Agency (NIA) against a previous Bombay High Court ruling that had granted Navlakha bail in December,.

Background

Navlakha has been in custody since April 2020 for allegedly inciting caste violence during the Bhima Koregaon incident in 2018. His bail was stayed by the High Court upon the NIA’s request, giving them time to challenge it in the Supreme Court. Now, the Supreme Court has decided to extend this stay order until March over Navlakha’s alleged involvement. The case accuses him of using inflammatory speech and his relations between Maoist leaders and urban activists.

“Taking into consideration the fact that the High Court has already granted stay, the same stands extended till the next date of hearing,”
the bench said.

The case involves alleged provocative speeches given at the Elgar Parishad gathering in Pune on December 31, 2017. Police assert that these speeches led to violence the following day near the Koregaon-Bhima war memorial on the outskirts of western Maharashtra city.

The charges against Navlakha and others are based on claims of instigating the agenda of the banned Communist Party of India (Maoist), known for its extremist actions. Despite the Bombay High Court’s ruling in December 2023 that there wasn’t enough proof to accuse Navlakha of being a terrorist under Section 15 of the Unlawful (Activities) Prevention Act, 1967.

S. V. Raju, the Additional Solicitor General representing the NIA, objected to the house arrest order. Currently, he remains under house arrest in Navi Mumbai.

“The man is still in jail because of this stay, despite bail being allowed,”
Singhvi stated

Sixteen activists, associated with the banned CPI (Maoist), were arrested in the case, and five of them are now out on bail.

CASE TITLE: The National Investigation Agency v. Gautam P Naviakha & Anr | Special Leave Petition (Criminal) No. 167 of 2024

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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