Supreme Court Deliberates on Gautam Navlakha’s House Arrest Location in Bhima Koregaon Case
In recent developments, the Supreme Court, presided over by Justices MM Sundresh and JB Pardiwala, deliberated on the application by Gautam Navlakha, seeking a change in his house arrest location in Mumbai. Navlakha, a septuagenarian activist and senior journalist, has been under custody since August 2018. He was arrested in connection with the 2018 caste-based violence at Bhima Koregaon, Pune, and is accused of furthering the agenda of the banned Communist Party of India (Maoists) and conspiring to overthrow the government.
The division bench decided to postpone the hearing for eight weeks, extending it to the end of October. This decision came after the National Investigation Agency (NIA) failed to file a counter-affidavit in response to Navlakha’s plea. Representing Navlakha, the urgency of his application was emphasized, highlighting the impending need to vacate his current residence. Contrarily, Additional Solicitor-General SV Raju expressed concerns over the house arrest order, stating,
“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.”
Justice Sundresh responded with reservations about the earlier order, expressing concerns over setting a potentially wrong precedent. He remarked,
“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.”
During the hearing, ASG Raju claimed that Navlakha owes one crore for round-the-clock surveillance at his house arrest location. This amount was contested by Senior Advocate Nitya Ramakrishnan, who represents Navlakha. She argued against the NIA’s calculation and informed the bench of an eight lakh deposit already made by Navlakha for surveillance and security expenses.
The hearing witnessed a heated exchange between the two senior lawyers regarding the adjournment period. While ASG Raju pushed for a month’s time, Ramakrishnan highlighted the ongoing hearing of Navlakha’s bail plea in the Bombay High Court to justify her request for an eight-week adjournment.
Navlakha, along with 15 others, has been accused by the NIA of instigating the January 2018 caste violence at Bhima Koregaon. The Pune police and NIA allege that speeches at the Elgar Parishad event triggered the violent clashes between Maratha and Dalit groups near Bhima Koregaon. The 16 activists were subsequently arrested and charged under the Unlawful Activities (Prevention) Act.
In April of the previous year, the Bombay High Court had rejected Navlakha’s plea to shift from Taloja Prison to house arrest due to health concerns. However, in November 2022, a Supreme Court bench allowed his appeal, placing him under house arrest with strict conditions, including continuous CCTV surveillance and restrictions on movement and communication.
Navlakha was initially housed in a library building affiliated with the Communist Party of India (Marxist). He later sought alternative accommodation when the trust reclaimed the space. In May, Navlakha informed the Supreme Court of a potential rental place in Alibaug, which the NIA scrutinized. The court has now adjourned the hearing until the end of August, allowing time for the NIA’s counter-affidavit and Navlakha to secure suitable accommodation.
