Express News Service
NEW DELHI: Bhima Koregan accused Gautam Navlakha breathed a sigh of relief as the Supreme Court on Thursday paved the way for his house arrest.
Taking into consideration Navlakha’s age and health condition, the fact that he has been in jail since 2020, that the trial is unlikely to progress in near future and that apart from being an accused in this case he does not have any criminal background, the bench of Justices KM Joseph and Hrishikesh Roy said the order for house arrest will be reviewed in one month and should be implemented within 48 hours.
The court asked NIA and the state of Maharashtra to carry out the evaluation of the premises where Navalkha will be placed under house arrest within 48 hours from the date of order subject to him depositing Rs 2,40,000 to Commissioner of Police, Navi Mumbai as expense to be incurred by the state in providing police security.
“Respondents will be free to deploy police personnel to ensure that there is no misuse of the facility of house arrest. We have already indicated about the expenses to be paid to the escort. CCTV will be installed at the expense of the petitioner at the entrance and outside of the rooms. Entry, exit and outside the rooms. CCTV shall be in working condition. House will be screened prior to him occupying the house,” court says in its order.
FROM OUR ARCHIVES | Bhima Koregaon case: Pune cop planted evidence in devices of jailed activists, says report
SC has also asked Navlakha to not use any mobile phone, internet, laptop or any other communicating device while he is in house arrest but has permitted him to use mobile to be provided by police personnel once in a day for 10 minutes.
Navlakha cannot leave Mumbai but can meet two family members once a week for three hours. Additionally, the bench has asked him to not make an attempt to influence any witnesses in the case or commit any illegal activity. He has although been granted the permission to walk in presence of police personnel subject to him not engaging into any conversation with anyone.
“He will be permitted to interact with the lawyers and he will have to give the name of the lawyers,” the order says.
The court permitted his companion to use a mobile phone which has the facility of only making phone calls but has also granted liberty to the probe agency to carry out surveillance and recording of phone calls made by her. “Companion shall not delete details of phone call or message,” the court has further ordered.
The Court’s order came in a plea by Navalkha challenging the Bombay HC’s ruling of refusing to grant him the relief of house arrest.
Appearing for Navlakha, senior advocate Kapil Sibal contended that Navalkha is 70 years old and has been battling multiple health issues.
Against the backdrop of the court expressing its inclination to order for house arrest and asking the NIA to apprise the court with regards to the restrictions to be imposed on Navlakha, Additional Solicitor General SV Raju appearing for NIA submitted that the medical report on the basis of which the court was proposing to grant him the relief was tainted. Urging the court to order for independent assessment, the Additional Solicitor General said that the board of doctors that examined Navlakha included his brother in law.
Taking exception with regards to ASG’s contention, the bench said, “This is an opinion by five-six special doctors. Would a related doctor give a wrong report? Such an argument can’t be. You have to be responsible. Yesterday you said you have no problem giving a cot, mattress. One person can’t poison the minds of others.”
However, to allay the probe agency’s apprehensions, the bench asked NIA to obtain a fresh medical report from KEM Hospital prior to the next date of hearing.
NEW DELHI: Bhima Koregan accused Gautam Navlakha breathed a sigh of relief as the Supreme Court on Thursday paved the way for his house arrest.
Taking into consideration Navlakha’s age and health condition, the fact that he has been in jail since 2020, that the trial is unlikely to progress in near future and that apart from being an accused in this case he does not have any criminal background, the bench of Justices KM Joseph and Hrishikesh Roy said the order for house arrest will be reviewed in one month and should be implemented within 48 hours.
The court asked NIA and the state of Maharashtra to carry out the evaluation of the premises where Navalkha will be placed under house arrest within 48 hours from the date of order subject to him depositing Rs 2,40,000 to Commissioner of Police, Navi Mumbai as expense to be incurred by the state in providing police security.
“Respondents will be free to deploy police personnel to ensure that there is no misuse of the facility of house arrest. We have already indicated about the expenses to be paid to the escort. CCTV will be installed at the expense of the petitioner at the entrance and outside of the rooms. Entry, exit and outside the rooms. CCTV shall be in working condition. House will be screened prior to him occupying the house,” court says in its order.
FROM OUR ARCHIVES | Bhima Koregaon case: Pune cop planted evidence in devices of jailed activists, says report
SC has also asked Navlakha to not use any mobile phone, internet, laptop or any other communicating device while he is in house arrest but has permitted him to use mobile to be provided by police personnel once in a day for 10 minutes.
Navlakha cannot leave Mumbai but can meet two family members once a week for three hours. Additionally, the bench has asked him to not make an attempt to influence any witnesses in the case or commit any illegal activity. He has although been granted the permission to walk in presence of police personnel subject to him not engaging into any conversation with anyone.
“He will be permitted to interact with the lawyers and he will have to give the name of the lawyers,” the order says.
The court permitted his companion to use a mobile phone which has the facility of only making phone calls but has also granted liberty to the probe agency to carry out surveillance and recording of phone calls made by her. “Companion shall not delete details of phone call or message,” the court has further ordered.
The Court’s order came in a plea by Navalkha challenging the Bombay HC’s ruling of refusing to grant him the relief of house arrest.
Appearing for Navlakha, senior advocate Kapil Sibal contended that Navalkha is 70 years old and has been battling multiple health issues.
Against the backdrop of the court expressing its inclination to order for house arrest and asking the NIA to apprise the court with regards to the restrictions to be imposed on Navlakha, Additional Solicitor General SV Raju appearing for NIA submitted that the medical report on the basis of which the court was proposing to grant him the relief was tainted. Urging the court to order for independent assessment, the Additional Solicitor General said that the board of doctors that examined Navlakha included his brother in law.
Taking exception with regards to ASG’s contention, the bench said, “This is an opinion by five-six special doctors. Would a related doctor give a wrong report? Such an argument can’t be. You have to be responsible. Yesterday you said you have no problem giving a cot, mattress. One person can’t poison the minds of others.”
However, to allay the probe agency’s apprehensions, the bench asked NIA to obtain a fresh medical report from KEM Hospital prior to the next date of hearing.
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