NIA files plea in SC against Navlakha house arrest order

On Thursday, the National Investigation Agency (NIA) submitted a new plea to the Supreme Court, urging it to revoke its order granting house arrest to Gautam Navlakha, an accused in the Bhima Koregaon violence case. Simultaneously, Navlakha approached the court, alleging a delay in implementing its November 10 order.

The conflicting pleas were presented before a bench led by Chief Justice of India D Y Chandrachud, who stated that the matter would be heard on Friday by the bench headed by Justice K M Joseph, the one that had issued the house arrest order.

Representing Navlakha, Senior Advocate Nitya Ramakrishnan argued that despite the court’s permission to shift him from Taloja jail near Mumbai, the NIA had raised objections, and he had not been moved. She pointed out that the agency was yet to inspect the proposed premises within the required 48 hours.

Solicitor General Tushar Mehta argued that Navlakha, accused of involvement in Maoist activities, had provided the address of the library-cum-office of the Communist Party of India instead of a residence. The case revolves around speeches made at the Elgar Parishad conclave in Pune on December 31, 2017, which the police claim triggered violence near the Koregaon-Bhima war memorial.

The Supreme Court had granted house arrest to Navlakha citing health reasons and directed him to stay in Mumbai at a specified address. The NIA was permitted to inspect the premises before his transfer, with imposed conditions including CCTV surveillance, restrictions on phone use, and no internet access.

The NIA contended that the given address was a public library building under the control of a political party, rather than a residential premises, accusing Navlakha of deliberate concealment of material facts. It argued against granting special treatment, emphasizing Navlakha’s status as a chargesheeted accused in a serious case involving unlawful activities under the UAPA. The NIA urged the court not to allow special privileges, asserting that Navlakha should be treated like other accused in the country facing similar charges.