Special NIA Court Dismisses Gautam Navlakha's Plea To Reside In Delhi

A special NIA court in Mumbai on Thursday (June 19) rejected an application filed by human rights' activist Gautam Navlakha, who sought permission of the court to leave Mumbai and reside in Delhi permanently till the culmination of the trial in the Bhima Koregaon-Elgar Parishad case. 

Special Judge Chakor Baviskar said traveling beyond the jurisdiction of the Court is one thing and residing permanently beyond the jurisdiction of the Court, is all together different thing.

"I mention that, granting permission to the accused to travel beyond the jurisdiction of the Court is different thing and allowing him to reside permanently beyond the jurisdiction of the Court is entirely different thing. Since the High Court has not granted such liberty either to the applicant/accused or to this Court as well, this unnecessary application deserves to be rejected," Judge Baviskar said. 

In his application filed through advocate Wahab Khan, Navlakha highlighted the fact that he is a resident of Delhi and hails from the national capital. Presently, he is living in Mumbai and since he is unemployed, he is 'financially dependent' on his friends and family members. He contended that it has become extremely difficult for him to live a 'sustainable' life in Mumbai. 

"He further gives assurance to remain present on the dates of trial and as and when directed by this Court. He further contends some family issues like ill health of his age old sister," the bench noted. 

However, special public prosecutor Prakash Shetty pointed out the order of the Bombay High Court by which Navlakha was granted bail, wherein, the High Court among several conditions, had clearly asked him not to leave Mumbai without the jurisdiction of the court. 

Notably, the High Court granted bail to Navlakha on December 19, 2023 and as a general condition had asked him not to step out of the HC's jurisdiction, without prior permission of the HC. However, he has been permitted on a few occasions to travel abroad.

Background:

Navlakha has been booked under Sections 153(A), 505(1)(B), 117, 120(B), 121, 121(A), 124(A) & 34 of IPC and Sections 13, 16, 17, 18, 18(A), 18(B), 20, 38, 39 & 40 of the Unlawful Activities (Prevention) Act, 1967.

The National Investigation Agency accused him of furthering the banned CPI (Maoist)'s agenda and conspiring to overthrow the government. The NIA has also accused him of instigating the caste violence that erupted at Bhima Koregaon, a war memorial site in Pune, on January 1, 2018.

In the charge sheet, NIA has alleged that Navlakha was a member of CPI (Maoist) and possessed incriminating documents related to it. NIA also alleged that Navlakha supported the Kashmir separatist movement.

NIA also had alleged before the Special Court that Navlakha was actively involved in fixing appointments and meetings between active urban cadres and underground leaders of CPI (Maoist) under the garb of fact-finding missions.

Click Here To Read/Download Order