News Analysis India

Tag: Gautam Navlakha

  • Justice Muralidhar, the Judge who never made it to SC and a vanguard committed to the rule of law

    Express News Service

    NEW DELHI:  Justice S Muralidhar, whose elevation to the Supreme Court was overlooked despite being one of the senior-most High Court (HC) judges in the country and is acknowledged for passing crucial judgments in many sensitive matters, demitted office as the chief justice of Orissa HC on August 7, 2023, after a 17-year illustrious career as a judge. 

    Justice Muralidhar had a 14-year tenure in the Delhi HC, before being transferred to the Punjab and Haryana HC through a midnight order, a development that was widely panned by lawyers, former judges, civil society members and the media. 

    In December 2020, he was elevated to the Chief Justice of the Orissa HC. In September 2022, the Supreme Court collegium recommended his transfer to Madras HC, but the Centre did not notify the same.

    The judge who was widely known for his blue Maruti Omni van that used to be parked at the SC’s parking lot — that he used as his ‘chamber’ — delivered many bold and progressive verdicts during his tenure in the Delhi HC. 

    Taking note of the serious condition of those wounded in the northeast Delhi riots which broke out in 2020, a bench headed by Justice Muralidhar in an emergency midnight hearing conducted on February 26, 2020, directed Delhi police to ensure their safe passage to GTB hospital for treatment. His stern orders in the riots cases reportedly earned him the ire of the powers that be. 

    While hearing the case related to CAA-linked violence, Justice Muralidhar had pulled up the Delhi police for failing to take action against three BJP leaders for hate speech and had asserted that the court “would not let another 1984 happen” in India under its watch. 

    Apart from being a part of the bench that first decriminalized homosexuality in the Naz Foundation case in 2009 and allowing RTI pleas on the disclosure of assets of SC judges in 2010, Justice Muralidhar also granted relief to Gautam Navalkha in the Bhima Koregaon case.

    He also convicted 16 members of the Uttar Pradesh Provincial Armed Constabulary for their role in the 1986 Hashimpura massacre — which witnessed the killing of 50 Muslim men by police on or around 22 May 1987 near Meerut. Another major verdict delivered by Justice Muralidhar was the conviction of Congress leader Sajjan Kumar for his role in the 1984 anti-Sikh riots.

    “The most moving moment as a judge was in this very court sitting where I am today when on July 2, 2009, Chief Justice A.P. Shah and I delivered our judgment in Naz Foundation. Even as we held that consensual same-sex between adults in private was not a crime, the relief that swept through the courtroom amongst those waiting to hear the verdict was palpable. Many broke down right here in front of us. At that moment, we knew that something irreversible had happened,” he later remarked, in his farewell speech in Delhi HC.

    In his farewell speech delivered in Delhi HC in 2020, Justice Muralidhar said, “Over the years, I have realised that it is not enough for lawyers and judges to speak about constitutional values. It is essential to imbibe them,” and added: “The constitutional values of equality, non-discrimination, dignity, prohibition of untouchability, inclusivity, and plurality have to be practised continuously at both a personal and professional level.”

    Justice Muralidhar’s tenure on the bench was marked by his unwavering commitment to justice, fairness, and the rule of law. Even after his retirement, his legacy continues to inspire both legal practitioners and the general public. 

    NEW DELHI:  Justice S Muralidhar, whose elevation to the Supreme Court was overlooked despite being one of the senior-most High Court (HC) judges in the country and is acknowledged for passing crucial judgments in many sensitive matters, demitted office as the chief justice of Orissa HC on August 7, 2023, after a 17-year illustrious career as a judge. 

    Justice Muralidhar had a 14-year tenure in the Delhi HC, before being transferred to the Punjab and Haryana HC through a midnight order, a development that was widely panned by lawyers, former judges, civil society members and the media. 

    In December 2020, he was elevated to the Chief Justice of the Orissa HC. In September 2022, the Supreme Court collegium recommended his transfer to Madras HC, but the Centre did not notify the same.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    The judge who was widely known for his blue Maruti Omni van that used to be parked at the SC’s parking lot — that he used as his ‘chamber’ — delivered many bold and progressive verdicts during his tenure in the Delhi HC. 

    Taking note of the serious condition of those wounded in the northeast Delhi riots which broke out in 2020, a bench headed by Justice Muralidhar in an emergency midnight hearing conducted on February 26, 2020, directed Delhi police to ensure their safe passage to GTB hospital for treatment. His stern orders in the riots cases reportedly earned him the ire of the powers that be. 

    While hearing the case related to CAA-linked violence, Justice Muralidhar had pulled up the Delhi police for failing to take action against three BJP leaders for hate speech and had asserted that the court “would not let another 1984 happen” in India under its watch. 

    Apart from being a part of the bench that first decriminalized homosexuality in the Naz Foundation case in 2009 and allowing RTI pleas on the disclosure of assets of SC judges in 2010, Justice Muralidhar also granted relief to Gautam Navalkha in the Bhima Koregaon case.

    He also convicted 16 members of the Uttar Pradesh Provincial Armed Constabulary for their role in the 1986 Hashimpura massacre — which witnessed the killing of 50 Muslim men by police on or around 22 May 1987 near Meerut. Another major verdict delivered by Justice Muralidhar was the conviction of Congress leader Sajjan Kumar for his role in the 1984 anti-Sikh riots.

    “The most moving moment as a judge was in this very court sitting where I am today when on July 2, 2009, Chief Justice A.P. Shah and I delivered our judgment in Naz Foundation. Even as we held that consensual same-sex between adults in private was not a crime, the relief that swept through the courtroom amongst those waiting to hear the verdict was palpable. Many broke down right here in front of us. At that moment, we knew that something irreversible had happened,” he later remarked, in his farewell speech in Delhi HC.

    In his farewell speech delivered in Delhi HC in 2020, Justice Muralidhar said, “Over the years, I have realised that it is not enough for lawyers and judges to speak about constitutional values. It is essential to imbibe them,” and added: “The constitutional values of equality, non-discrimination, dignity, prohibition of untouchability, inclusivity, and plurality have to be practised continuously at both a personal and professional level.”

    Justice Muralidhar’s tenure on the bench was marked by his unwavering commitment to justice, fairness, and the rule of law. Even after his retirement, his legacy continues to inspire both legal practitioners and the general public. 

  • Bhima Koregaon case: Special NIA court rejects activist Gautam Navlakha’s bail plea

    By PTI

    MUMBAI: A special NIA court here on Thursday rejected the bail plea of activist Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case.

    Last month, the Bombay High Court had quashed the earlier order passed by the special judge and directed him to rehear Navlakha’s bail plea.

    The HC had said the special court’s order did not contain an analysis of the evidence relied upon by the prosecution.

    On Thursday, Special Judge Rajesh Katariya denied Navlakha bail after hearing the submissions afresh.

    Navlakha was arrested in August 2018 and was moved to Taloja Jail near Mumbai in April 2020 after initial period of house arrest.

    On November 10 last year, the Supreme Court allowed his plea to be shifted back to house arrest for a month.

    Navlakha is at present residing in Navi Mumbai in Maharashtra’s Thane district.

    The case in which he has been arrested relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017.

    As per Pune police, these speeches triggered caste riots the next day in the vicinity of the Koregaon Bhima War Memorial there.

    READ MORE | Elgar case: No claim of Navlakha committing any act of violence in chargesheet, lawyer tells HC

    MUMBAI: A special NIA court here on Thursday rejected the bail plea of activist Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case.

    Last month, the Bombay High Court had quashed the earlier order passed by the special judge and directed him to rehear Navlakha’s bail plea.

    The HC had said the special court’s order did not contain an analysis of the evidence relied upon by the prosecution.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    On Thursday, Special Judge Rajesh Katariya denied Navlakha bail after hearing the submissions afresh.

    Navlakha was arrested in August 2018 and was moved to Taloja Jail near Mumbai in April 2020 after initial period of house arrest.

    On November 10 last year, the Supreme Court allowed his plea to be shifted back to house arrest for a month.

    Navlakha is at present residing in Navi Mumbai in Maharashtra’s Thane district.

    The case in which he has been arrested relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017.

    As per Pune police, these speeches triggered caste riots the next day in the vicinity of the Koregaon Bhima War Memorial there.

    READ MORE | Elgar case: No claim of Navlakha committing any act of violence in chargesheet, lawyer tells HC

  • Elgar case: No claim of Navlakha committing any act of violence in chargesheet, lawyer tells HC

    By PTI

    MUMBAI: There is no allegation against Gautam Navlakha of committing any “act of violence” in the voluminous chargesheet filed in the Elgar Parishad-Maoist links case, the activist’s lawyer told the Bombay High Court on Monday.

    While arguing for the activist’s bail, the lawyer also said that there was no prospect of the trial in the case to commence in the near future.

    A division bench of Justices A S Gadkari and P D Naik is hearing the arguments on the bail plea, and the same will continue on Tuesday.

    Navlakha was arrested in April 2020 after he surrendered before the National Investigation Agency (NIA), and is currently under house arrest pursuant to the Supreme Court’s order.

    Appearing for Navlakha, advocate Yug Chaudhary said there was not a single allegation of the activist committing any act of violence, association of violence, abetment of violence, or being part of conspiracy to commit violence in the chargesheet filed by the probe agency.

    Hence, no offence under chapter IV (punishment for terrorist activities) of the Unlawful Activities (Prevention) Act (UAPA), is made out, he argued.

    “The basic ingredient of chapter IV is commission of a terror act, abetment, association or conspiracy. There is nothing against me (accused),” the lawyer submitted.

    “There was no description of terrorist acts in the chargesheet. No seizure of bombs, arms. There has to be something. It cannot be an imagination,” he said.

    ALSO READ | Treatment, straw, books… things Bhima Koregaon accused have asked courts for

    Chaudhary, further, claimed that if at all any allegation is made out, it is for offences carrying five to 10 years of imprisonment.

    He also pointed out the delay in commencement of trial while arguing for Navlakhha’s bail.

    The discharge application was argued months ago, but the prosecution is yet to file its reply.

    A large number of discharge applications (of other accused) are pending and charges have not been framed yet, the lawyer submitted.

    Hence, there is no prospect of the trial to begin soon.

    Even if the trial begins, it will go on for decades, he added.

    Chaudhary further informed the court that till today, they haven’t received the clone copies of the documents seized from the computer of the accused.

    The Elgar case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial in Pune district.

    The police had also claimed that the conclave was backed by Maoists.

    Later the probe in the case, where more than a dozen activists and academicians have been named as accused, was transferred to the NIA.

    MUMBAI: There is no allegation against Gautam Navlakha of committing any “act of violence” in the voluminous chargesheet filed in the Elgar Parishad-Maoist links case, the activist’s lawyer told the Bombay High Court on Monday.

    While arguing for the activist’s bail, the lawyer also said that there was no prospect of the trial in the case to commence in the near future.

    A division bench of Justices A S Gadkari and P D Naik is hearing the arguments on the bail plea, and the same will continue on Tuesday.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    Navlakha was arrested in April 2020 after he surrendered before the National Investigation Agency (NIA), and is currently under house arrest pursuant to the Supreme Court’s order.

    Appearing for Navlakha, advocate Yug Chaudhary said there was not a single allegation of the activist committing any act of violence, association of violence, abetment of violence, or being part of conspiracy to commit violence in the chargesheet filed by the probe agency.

    Hence, no offence under chapter IV (punishment for terrorist activities) of the Unlawful Activities (Prevention) Act (UAPA), is made out, he argued.

    “The basic ingredient of chapter IV is commission of a terror act, abetment, association or conspiracy. There is nothing against me (accused),” the lawyer submitted.

    “There was no description of terrorist acts in the chargesheet. No seizure of bombs, arms. There has to be something. It cannot be an imagination,” he said.

    ALSO READ | Treatment, straw, books… things Bhima Koregaon accused have asked courts for

    Chaudhary, further, claimed that if at all any allegation is made out, it is for offences carrying five to 10 years of imprisonment.

    He also pointed out the delay in commencement of trial while arguing for Navlakhha’s bail.

    The discharge application was argued months ago, but the prosecution is yet to file its reply.

    A large number of discharge applications (of other accused) are pending and charges have not been framed yet, the lawyer submitted.

    Hence, there is no prospect of the trial to begin soon.

    Even if the trial begins, it will go on for decades, he added.

    Chaudhary further informed the court that till today, they haven’t received the clone copies of the documents seized from the computer of the accused.

    The Elgar case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial in Pune district.

    The police had also claimed that the conclave was backed by Maoists.

    Later the probe in the case, where more than a dozen activists and academicians have been named as accused, was transferred to the NIA.

  • Bhima Koregaon case: Supreme Court extends house arrest of Gautam Navlakha

    By PTI

    NEW DELGI: The Supreme Court Tuesday extended till second week of January its interim order placing social activist Gautam Navlakha, accused of having links to Maoists and Pakistan’s spy agency ISI, under house arrest.

    A bench of Justices K M Joseph and B V Nagarathna passed the order extending the social activist’s house arrest.

    The top court had on November 18 ordered that Navlakha be placed under house arrest “without fail” within 24 hours and ordered some additional security measures to be put in place at the building where the activist will be kept under house arrest.

    Alleging that Navlakha’s medical report issued by the Jaslok hospital was “vitiated”, the National Investigation Agency had said proper treatment was given to him whenever required and his condition was manageable within the premises of Taloja central jail.

    ALSO READ | Partner of Navlakha surrenders liquor, cigarettes after NIA raises objection to it

    On November 15, the top court had cleared the hurdle for the release of Navlakha from Taloja prison by waiving the requirement of a solvency certificate for availing the benefit of house arrest.

    Navlakha had appealed to the apex court against the April 26 order of the Bombay High Court dismissing his plea for house arrest over apprehensions of lack of adequate medical and other basic facilities in Taloja jail near Mumbai, where he is lodged.

    The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017 which the police claim triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city.

    NEW DELGI: The Supreme Court Tuesday extended till second week of January its interim order placing social activist Gautam Navlakha, accused of having links to Maoists and Pakistan’s spy agency ISI, under house arrest.

    A bench of Justices K M Joseph and B V Nagarathna passed the order extending the social activist’s house arrest.

    The top court had on November 18 ordered that Navlakha be placed under house arrest “without fail” within 24 hours and ordered some additional security measures to be put in place at the building where the activist will be kept under house arrest.

    Alleging that Navlakha’s medical report issued by the Jaslok hospital was “vitiated”, the National Investigation Agency had said proper treatment was given to him whenever required and his condition was manageable within the premises of Taloja central jail.

    ALSO READ | Partner of Navlakha surrenders liquor, cigarettes after NIA raises objection to it

    On November 15, the top court had cleared the hurdle for the release of Navlakha from Taloja prison by waiving the requirement of a solvency certificate for availing the benefit of house arrest.

    Navlakha had appealed to the apex court against the April 26 order of the Bombay High Court dismissing his plea for house arrest over apprehensions of lack of adequate medical and other basic facilities in Taloja jail near Mumbai, where he is lodged.

    The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017 which the police claim triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city.

  • Partner of Elgar Parishad accused Navlakha surrenders liquor, cigarettes after NIA raises objection to it

    By PTI

    MUMBAI: Elgar Parishad-Maoist links case accused Gautam Navlakha’s partner Sahba Husain has surrendered her liquor bottles and cigarette packets to police after the National Investigation Agency raised an objection over such items brought to the premises where he is currently under house arrest, an official said on Monday.

    On November 19, 70-year-old Navlakha was released from prison and taken to the house in the Belapur-Agroli area of neighbouring Navi Mumbai town to be kept under house arrest for a month.

    Husain, who is staying with 70-year-old Navlakha, had brought two liquor bottles and cigarettes for personal consumption, the official said.

    She had declared about the same to the NIA officials when they came for a house search before Navlakha was brought there.

    She had told the probe agency sleuths that the items were for her consumption and not for Navlakha, who neither consumes liquor nor smokes, the official said.

    The NIA sleuths, however, took objection to the items and hence, those were given into the custody of the CBD Belapur police, he said.

    Husain then wrote to the NIA, informing that she has surrendered the liquor bottles to local police, the official said.

    She has permission to go out of the premises. Navlakha is allowed to go out for a walk for 40 minutes a day with adequate security, he said.

    The Supreme Court last month granted Navlakha’s plea seeking house arrest on medical grounds.

    The activist claims to be suffering from multiple ailments.

    He was in jail since April 2020 after his arrest in the case, which relates to alleged inflammatory speeches made at the ‘Elgar Parishad’ conclave held in Pune on December 31, 2017, which Pune police claimed triggered violence the next day near the Koregaon Bhima war memorial on the outskirts of the western Maharashtra city.

    According to police, people linked to banned the CPI (Maoists) had organised the programme. The case, in which over a dozen activists and academicians have been named as accused, was later handed over to the NIA.

    MUMBAI: Elgar Parishad-Maoist links case accused Gautam Navlakha’s partner Sahba Husain has surrendered her liquor bottles and cigarette packets to police after the National Investigation Agency raised an objection over such items brought to the premises where he is currently under house arrest, an official said on Monday.

    On November 19, 70-year-old Navlakha was released from prison and taken to the house in the Belapur-Agroli area of neighbouring Navi Mumbai town to be kept under house arrest for a month.

    Husain, who is staying with 70-year-old Navlakha, had brought two liquor bottles and cigarettes for personal consumption, the official said.

    She had declared about the same to the NIA officials when they came for a house search before Navlakha was brought there.

    She had told the probe agency sleuths that the items were for her consumption and not for Navlakha, who neither consumes liquor nor smokes, the official said.

    The NIA sleuths, however, took objection to the items and hence, those were given into the custody of the CBD Belapur police, he said.

    Husain then wrote to the NIA, informing that she has surrendered the liquor bottles to local police, the official said.

    She has permission to go out of the premises. Navlakha is allowed to go out for a walk for 40 minutes a day with adequate security, he said.

    The Supreme Court last month granted Navlakha’s plea seeking house arrest on medical grounds.

    The activist claims to be suffering from multiple ailments.

    He was in jail since April 2020 after his arrest in the case, which relates to alleged inflammatory speeches made at the ‘Elgar Parishad’ conclave held in Pune on December 31, 2017, which Pune police claimed triggered violence the next day near the Koregaon Bhima war memorial on the outskirts of the western Maharashtra city.

    According to police, people linked to banned the CPI (Maoists) had organised the programme. The case, in which over a dozen activists and academicians have been named as accused, was later handed over to the NIA.

  • Gautam Navlakha released from jail, taken to Navi Mumbai premises for house arrest

    By PTI

    MUMBAI: Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case, was released from Taloja prison in Navi Mumbai on Saturday evening and will live under house arrest for a month.

    He was immediately taken to a building in Navi Mumbai’s Belapur-Agroli area by a police team where he would be staying.

    Navlakha left the prison around 6 pm, said a senior prison official.

    On Friday afternoon, the Supreme Court had rejected the NIA’s application opposing his house arrest.

    It had ordered that Navlakha be placed under house arrest “without fail” within 24 hours.ALSO READ | Bhima Koregaon case: Bombay HC grants bail to activist Anand Teltumbde

    MUMBAI: Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case, was released from Taloja prison in Navi Mumbai on Saturday evening and will live under house arrest for a month.

    He was immediately taken to a building in Navi Mumbai’s Belapur-Agroli area by a police team where he would be staying.

    Navlakha left the prison around 6 pm, said a senior prison official.

    On Friday afternoon, the Supreme Court had rejected the NIA’s application opposing his house arrest.

    It had ordered that Navlakha be placed under house arrest “without fail” within 24 hours.ALSO READ | Bhima Koregaon case: Bombay HC grants bail to activist Anand Teltumbde

  • SC rejects NIA plea, orders Navlakha to be placed under house arrest within 24 hours

    By PTI

    NEW DELHI: The Supreme Court on Friday rejected the NIA’s application and ordered social activist Gautam Navlakha to be put under house arrest within 24 hours after shifting him from Taloja jail in Navi Mumbai.

    Navlakha is lodged in jail in connection with the Elgar Parishad-Maoist link case.

    The anti-terror probe agency had sought recall of the SC order of November 10 for placing Navlakha under house arrest, citing his links to Maoists and Pakistan’s ISI.

    The bench of Justices KM Joseph and Hrishikesh Roy, however, ordered some additional security measures to be put in place where Navlakha will be kept.ALSO READ | Bhima Koregaon case: Bombay HC grants bail to activist Anand Teltumbde

    NEW DELHI: The Supreme Court on Friday rejected the NIA’s application and ordered social activist Gautam Navlakha to be put under house arrest within 24 hours after shifting him from Taloja jail in Navi Mumbai.

    Navlakha is lodged in jail in connection with the Elgar Parishad-Maoist link case.

    The anti-terror probe agency had sought recall of the SC order of November 10 for placing Navlakha under house arrest, citing his links to Maoists and Pakistan’s ISI.

    The bench of Justices KM Joseph and Hrishikesh Roy, however, ordered some additional security measures to be put in place where Navlakha will be kept.ALSO READ | Bhima Koregaon case: Bombay HC grants bail to activist Anand Teltumbde

  • SC waives solvency certificate requirement for Navlakha to avail benefit of house arrest

    By PTI

    NEW DELHI: The Supreme Court on Tuesday cleared the hurdle for the release of activist Gautam Navlakha from Navi Mumbai’s Taloja prison, where he is lodged in the Elgar Parishad-Maoist link case, by waiving the requirement of a solvency certificate for availing the benefit of house arrest.

    The top court had on November 10 allowed Navlakha to be placed under house arrest owing to his deteriorating health.

    It had said that to avail the facility of house arrest, Navlakha will provide local surety of Rs 2 lakh by November 14.

    A bench of Justices K M Joseph and Hrishikesh Roy was on Tuesday informed by senior advocate Nitya Ramakrishnan and advocate Shadan Farasat, appearing for Navlakha, it will take a minimum of six weeks to secure solvency certificate in respect of surety to be provided as a precondition for house arrest of the activist.

    “Considering the submission and the circumstances, we deem it appropriate to waive the requirement of a solvency certificate for the petitioner (Navlakha) to avail the benefit of our order dated November 10, 2022. It is ordered accordingly,” the bench said.

    It said since other adequate security proofs such as passport, Aadhaar card and Permanent Account Number (PAN) card have been provided, the trial court should not insist on a ration card as an additional proof of identity for the benefit of the apex court’s order to take effect.

    “It is so ordered,” the bench said.

    Noting the activist has been in custody since April 14, 2020 and prima facie there is no reason to reject his medical report, the apex court had on November 10 said Navlakha does not have any criminal background except for this case and even the Government of India had appointed him as an interlocutor to hold talks with Maoists.

    Putting a number of conditions, including a deposit of Rs 2.4 lakh as expenses towards providing him security, the top court had said the order to place the 70-year-old activist under house arrest for a month in Mumbai should be implemented within 48 hours.

    “It is not in dispute that apart from this case, the petitioner does not have any criminal background at all.

    The petitioner has also the case that in the year 2011, the services of the petitioner was used by the Government of India as an interlocutor to mediate with the extremists for securing the release of security personnel kidnapped by Maoists,” it had said.

    “We would think on a conspectus of the facts that we should allow the petitioner to be placed under house arrest at least to begin with till the next date of hearing from the date on which he is actually placed on house arrest,” the top court had said.

    The apex court had posted the matter for hearing on December 13.

    The activist appealed to the apex court against the April 26 order of the Bombay High Court dismissing his plea for house arrest over apprehensions of lack of adequate medical and other basic facilities in Taloja jail near Mumbai.

    The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017 which the police claim triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city.

    NEW DELHI: The Supreme Court on Tuesday cleared the hurdle for the release of activist Gautam Navlakha from Navi Mumbai’s Taloja prison, where he is lodged in the Elgar Parishad-Maoist link case, by waiving the requirement of a solvency certificate for availing the benefit of house arrest.

    The top court had on November 10 allowed Navlakha to be placed under house arrest owing to his deteriorating health.

    It had said that to avail the facility of house arrest, Navlakha will provide local surety of Rs 2 lakh by November 14.

    A bench of Justices K M Joseph and Hrishikesh Roy was on Tuesday informed by senior advocate Nitya Ramakrishnan and advocate Shadan Farasat, appearing for Navlakha, it will take a minimum of six weeks to secure solvency certificate in respect of surety to be provided as a precondition for house arrest of the activist.

    “Considering the submission and the circumstances, we deem it appropriate to waive the requirement of a solvency certificate for the petitioner (Navlakha) to avail the benefit of our order dated November 10, 2022. It is ordered accordingly,” the bench said.

    It said since other adequate security proofs such as passport, Aadhaar card and Permanent Account Number (PAN) card have been provided, the trial court should not insist on a ration card as an additional proof of identity for the benefit of the apex court’s order to take effect.

    “It is so ordered,” the bench said.

    Noting the activist has been in custody since April 14, 2020 and prima facie there is no reason to reject his medical report, the apex court had on November 10 said Navlakha does not have any criminal background except for this case and even the Government of India had appointed him as an interlocutor to hold talks with Maoists.

    Putting a number of conditions, including a deposit of Rs 2.4 lakh as expenses towards providing him security, the top court had said the order to place the 70-year-old activist under house arrest for a month in Mumbai should be implemented within 48 hours.

    “It is not in dispute that apart from this case, the petitioner does not have any criminal background at all.

    The petitioner has also the case that in the year 2011, the services of the petitioner was used by the Government of India as an interlocutor to mediate with the extremists for securing the release of security personnel kidnapped by Maoists,” it had said.

    “We would think on a conspectus of the facts that we should allow the petitioner to be placed under house arrest at least to begin with till the next date of hearing from the date on which he is actually placed on house arrest,” the top court had said.

    The apex court had posted the matter for hearing on December 13.

    The activist appealed to the apex court against the April 26 order of the Bombay High Court dismissing his plea for house arrest over apprehensions of lack of adequate medical and other basic facilities in Taloja jail near Mumbai.

    The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017 which the police claim triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city.

  • Elgar Parishad case: Four days after SC order, activist Navlakha yet to be placed under house arrest

    By PTI

    MUMBAI: Jailed human rights activist Gautam Navlakha is yet to walk out of Navi Mumbai’s Taloja prison. Last week, Supreme Court allowed him to be placed under house arrest for a month owing to his medical condition. The reason cited for Navlakha being still in prison is that the formalities for his release are still under process.

    The 70-year-old activist is lodged in Taloja prison in connection with the Elgar Parishad-Maoist link case of 2017-18.

    The activist, who suffers from multiple ailments, is in custody since April 2020.

    The Supreme Court, on November 10, allowed Navlakha to be put under house arrest for a month with certain conditions and said its order should be implemented within 48 hours.

    However, till Monday evening he was still in prison as formalities for his release could not be completed.

    According to his lawyer, formalities for Navlakha’s release from jail were initiated on Monday before a special NIA (National Investigation Agency) court in Mumbai that is hearing the case against him.

    Once released from prison, Navlakha will be staying at Belapur in Navi Mumbai under surveillance.

    The septuagenarian shall not be allowed to leave Mumbai, as per the SC order.

    His lawyer on Monday apprised special NIA Judge Rajesh Katariya, presiding over the case, of the Supreme Court order on house arrest and initiated the process for filing surety as per the condition set by the apex court to complete his release formalities.

    The SC had imposed a slew of conditions by which Navlakha would have to stay in Mumbai, deposit Rs 2.4 lakh as expenses for security, and CCTV cameras would have to be installed outside the rooms and at entry and exit points of the house where he will be staying.

    ALSO READ | Elgar Parishad case: Supreme Court allows house arrest request of activist Gautam Navlakha

    Navlakha will not be allowed to leave the house except for walks in the company of police personnel, but permitted to meet his lawyers as per Jail Manual rules and inform cops in case of a medical emergency, the apex court said last week.

    It also said the activist will not be allowed to use a computer or the internet during the period of his house arrest. He will, however, be permitted to use a mobile phone without the internet provided by police personnel on duty once a day for ten minutes in their presence.

    Access to television and newspapers will be allowed, but these cannot be interest-based, the SC maintained in its order.

    It also allowed the Maharashtra police to search and inspect the residence and said the accommodation would be under surveillance.

    The Supreme Court has listed the matter for hearing in the second week of December by when the prosecuting agency NIA has been asked to obtain a fresh medical report on the accused.

    Navlakha had sought to be shifted from the Taloja prison and placed under house arrest owing to ill health.

    The activist moved the SC against the April 26 order of the Bombay High Court dismissing his plea for house arrest over apprehensions of lack of adequate medical and other basic facilities in the Taloja jail.

    The case relates to alleged inflammatory speeches made at the ‘Elgar Parishad’ conclave held in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon -Bhima war memorial on the outskirts of the western Maharashtra city.

    According to the Pune police, people linked to banned Naxalite groups had organized the programme.

    The case, in which over a dozen activists and academicians have been named as accused, was later handed over to the NIA.

    MUMBAI: Jailed human rights activist Gautam Navlakha is yet to walk out of Navi Mumbai’s Taloja prison. Last week, Supreme Court allowed him to be placed under house arrest for a month owing to his medical condition. The reason cited for Navlakha being still in prison is that the formalities for his release are still under process.

    The 70-year-old activist is lodged in Taloja prison in connection with the Elgar Parishad-Maoist link case of 2017-18.

    The activist, who suffers from multiple ailments, is in custody since April 2020.

    The Supreme Court, on November 10, allowed Navlakha to be put under house arrest for a month with certain conditions and said its order should be implemented within 48 hours.

    However, till Monday evening he was still in prison as formalities for his release could not be completed.

    According to his lawyer, formalities for Navlakha’s release from jail were initiated on Monday before a special NIA (National Investigation Agency) court in Mumbai that is hearing the case against him.

    Once released from prison, Navlakha will be staying at Belapur in Navi Mumbai under surveillance.

    The septuagenarian shall not be allowed to leave Mumbai, as per the SC order.

    His lawyer on Monday apprised special NIA Judge Rajesh Katariya, presiding over the case, of the Supreme Court order on house arrest and initiated the process for filing surety as per the condition set by the apex court to complete his release formalities.

    The SC had imposed a slew of conditions by which Navlakha would have to stay in Mumbai, deposit Rs 2.4 lakh as expenses for security, and CCTV cameras would have to be installed outside the rooms and at entry and exit points of the house where he will be staying.

    ALSO READ | Elgar Parishad case: Supreme Court allows house arrest request of activist Gautam Navlakha

    Navlakha will not be allowed to leave the house except for walks in the company of police personnel, but permitted to meet his lawyers as per Jail Manual rules and inform cops in case of a medical emergency, the apex court said last week.

    It also said the activist will not be allowed to use a computer or the internet during the period of his house arrest. He will, however, be permitted to use a mobile phone without the internet provided by police personnel on duty once a day for ten minutes in their presence.

    Access to television and newspapers will be allowed, but these cannot be interest-based, the SC maintained in its order.

    It also allowed the Maharashtra police to search and inspect the residence and said the accommodation would be under surveillance.

    The Supreme Court has listed the matter for hearing in the second week of December by when the prosecuting agency NIA has been asked to obtain a fresh medical report on the accused.

    Navlakha had sought to be shifted from the Taloja prison and placed under house arrest owing to ill health.

    The activist moved the SC against the April 26 order of the Bombay High Court dismissing his plea for house arrest over apprehensions of lack of adequate medical and other basic facilities in the Taloja jail.

    The case relates to alleged inflammatory speeches made at the ‘Elgar Parishad’ conclave held in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon -Bhima war memorial on the outskirts of the western Maharashtra city.

    According to the Pune police, people linked to banned Naxalite groups had organized the programme.

    The case, in which over a dozen activists and academicians have been named as accused, was later handed over to the NIA.

  • Treatment, straw, books… things Bhima Koregaon accused have asked courts for

    By PTI

    MUMBAI: The Supreme Court order permitting jailed activist Gautam Navlakha to be kept under house arrest for a month has brought to the fore several applications filed by the accused in the Elgar Parishad-Maoist links case lamenting lack of facilities in jail and denial of access to the same.

    Besides seeking medical treatment, the accused in the case have time and again approached courts for permission to get books, chairs, drinking straws, spectacles and mosquito nets inside the prison have asked courts for.

    In November 2020, accused Stan Swamy had filed an application before a special court here seeking straw and sipper at the Taloja jail in Navi Mumbai where he is lodged.

    In his plea, Swamy had said the National Investigation Agency (NIA) seized it from him and he was unable to lift a glass due to Parkinson’s disease.

    The NIA, in its reply, however, said it had not seized any straw and sipper glass from Swamy.

    Later, jail authorities provided him with a straw and sipper.

    Swamy died in July 2021 at a private hospital here while he was in judicial custody.

    In December 2020, Navlakha’s partner Sahba Husain said the former’s spectacles were stolen in jail and when his family sent him a new pair, the jail authorities refused to accept them.

    The high court had later criticised the jail authorities and said all these are human considerations.

    The jail authorities later accepted the pair of spectacles sent by Navlakha’s family.

    READ HERE | Relief for Bhima Koregaon accused Gautam Navlakha as SC paves way for house arrest

    In 2020, lawyer-activist Sudha Bharadwaj had filed an application before the special court claiming she was not being allowed access to books.

    She said when books were sent for her, the Superintendent at Mumbai’s Byculla Jail, where she was lodged, had refused to receive them for her.

    The special court had allowed her plea to have access to five books per month from outside prison, while directing the jail superintendent to “carefully examine” the books to ensure they did not contain any “objectionable material”.

    The court had also said beyond the prescribed parameters to deem a book’s content “objectionable”, including whether it is vulgar, obscene or preaches violence, a superintendent did not have powers to withhold a book from a detainee.

    In April this year, Navlakha’s lawyer Yug Chaudhary had informed the Bombay High Court that prison authorities had refused to hand over a book by English author P G Wodehouse.

    During the arguments in the high court on Navlakha’s plea seeking to be kept under house arrest, Chaudhary had said the condition of the prison was very poor.

    The HC had then said the prison authorities’ action refusing Wodehouse’s book was comical.

    Navlakha and co-accused Sagar Gorkhe had filed applications in the special court seeking permission to have mosquito nets inside the prison.

    This was opposed by Taloja jail authorities citing security concerns.

    ALSO READ | Bhima Koregaon case: Pune cop planted evidence in devices of jailed activists, says report

    The court did not allow the pleas of Navlakha and Gorkhe, but directed the jail superintendent to take “all necessary precautions against mosquitoes, conduct fumigation, allow inmates to use repellents, ointments and incense sticks”.

    Navlakha had also filed another application in the special court seeking permission to make phone/video calls to his kin.

    The prison authorities had contended that the facility started during the COVID-19 pandemic, but could not be permitted to undertrials on a regular basis.

    The court rejected Navlakha’s plea, following which he filed an appeal in the high court.

    Surendra Gadling, another accused in the case, had filed an application seeking a chair and table citing medical ailments, claiming he was unable to squat on the floor for long without developing pain in his back and neck.

    ALSO READ | SC grants bail to Bhima Koregaon case accused Varavara Rao on medical grounds

    Gadling had said he needed the table and chair as he had to study a lot since he was representing himself in the case.

    Prison authorities had opposed this plea as well citing security risks.

    The court agreed with Gadling’s contention, observing that the allegations he has to defend himself against are serious and there are a large number of documents he needs to study for hours together.

    Gadling was allowed a chair and table at his cost.

    Gadling had also sought permission to have his own shaving kit, which was opposed by the prison authorities.

    The court agreed with the prison authorities that it would pose danger and rejected the application.

    MUMBAI: The Supreme Court order permitting jailed activist Gautam Navlakha to be kept under house arrest for a month has brought to the fore several applications filed by the accused in the Elgar Parishad-Maoist links case lamenting lack of facilities in jail and denial of access to the same.

    Besides seeking medical treatment, the accused in the case have time and again approached courts for permission to get books, chairs, drinking straws, spectacles and mosquito nets inside the prison have asked courts for.

    In November 2020, accused Stan Swamy had filed an application before a special court here seeking straw and sipper at the Taloja jail in Navi Mumbai where he is lodged.

    In his plea, Swamy had said the National Investigation Agency (NIA) seized it from him and he was unable to lift a glass due to Parkinson’s disease.

    The NIA, in its reply, however, said it had not seized any straw and sipper glass from Swamy.

    Later, jail authorities provided him with a straw and sipper.

    Swamy died in July 2021 at a private hospital here while he was in judicial custody.

    In December 2020, Navlakha’s partner Sahba Husain said the former’s spectacles were stolen in jail and when his family sent him a new pair, the jail authorities refused to accept them.

    The high court had later criticised the jail authorities and said all these are human considerations.

    The jail authorities later accepted the pair of spectacles sent by Navlakha’s family.

    READ HERE | Relief for Bhima Koregaon accused Gautam Navlakha as SC paves way for house arrest

    In 2020, lawyer-activist Sudha Bharadwaj had filed an application before the special court claiming she was not being allowed access to books.

    She said when books were sent for her, the Superintendent at Mumbai’s Byculla Jail, where she was lodged, had refused to receive them for her.

    The special court had allowed her plea to have access to five books per month from outside prison, while directing the jail superintendent to “carefully examine” the books to ensure they did not contain any “objectionable material”.

    The court had also said beyond the prescribed parameters to deem a book’s content “objectionable”, including whether it is vulgar, obscene or preaches violence, a superintendent did not have powers to withhold a book from a detainee.

    In April this year, Navlakha’s lawyer Yug Chaudhary had informed the Bombay High Court that prison authorities had refused to hand over a book by English author P G Wodehouse.

    During the arguments in the high court on Navlakha’s plea seeking to be kept under house arrest, Chaudhary had said the condition of the prison was very poor.

    The HC had then said the prison authorities’ action refusing Wodehouse’s book was comical.

    Navlakha and co-accused Sagar Gorkhe had filed applications in the special court seeking permission to have mosquito nets inside the prison.

    This was opposed by Taloja jail authorities citing security concerns.

    ALSO READ | Bhima Koregaon case: Pune cop planted evidence in devices of jailed activists, says report

    The court did not allow the pleas of Navlakha and Gorkhe, but directed the jail superintendent to take “all necessary precautions against mosquitoes, conduct fumigation, allow inmates to use repellents, ointments and incense sticks”.

    Navlakha had also filed another application in the special court seeking permission to make phone/video calls to his kin.

    The prison authorities had contended that the facility started during the COVID-19 pandemic, but could not be permitted to undertrials on a regular basis.

    The court rejected Navlakha’s plea, following which he filed an appeal in the high court.

    Surendra Gadling, another accused in the case, had filed an application seeking a chair and table citing medical ailments, claiming he was unable to squat on the floor for long without developing pain in his back and neck.

    ALSO READ | SC grants bail to Bhima Koregaon case accused Varavara Rao on medical grounds

    Gadling had said he needed the table and chair as he had to study a lot since he was representing himself in the case.

    Prison authorities had opposed this plea as well citing security risks.

    The court agreed with Gadling’s contention, observing that the allegations he has to defend himself against are serious and there are a large number of documents he needs to study for hours together.

    Gadling was allowed a chair and table at his cost.

    Gadling had also sought permission to have his own shaving kit, which was opposed by the prison authorities.

    The court agreed with the prison authorities that it would pose danger and rejected the application.