The Bombay High Court in the case Gautam Navlakha v. National Investigation Agency observed and has stated that the trial court gave cryptic reasoning while refusing Bhima Koregaon accused Gautam Navlakha’s bail plea, wherein the court directed the Special NIA Court to hear and for deciding the case afresh.
The division bench comprising of Justice AS Gadkari and Justice PD Naik in the case observed and has set aside the order of the court wherein rejecting the bail plea of Navlakha’s.
The court stated that the trial court has not given any reason wherein it was being required under section 43D(5) of the UAPA while rejecting the bail application. In its order, the reasoning stated is very cryptic and there is no analysis. The Additional Solicitor General fairly conceded to the said fact and it has been submitted by him that the bail application is to be remanded to the trial court. In view of the court the matter is to be remanded back to the trial court for fresh hearing.
It has also been directed by the High Court that the NIA Court to conclude the case within four weeks which is being influenced by the order which is earlier rejected the bail. High Court clarified that the said observations are not made on merit.
Therefore, Navlakha is currently being under the house arrest after Supreme Court and has allowed his bail transfer plea from jail to house arrest on account of his medical condition for one month, which being subject to various conditions.
The Navlakha’s bail application has been rejected by the special NIA court had on September 5, 2022. Since August 2018, the 73-year-old human rights activist has been in custody.
It has also been noted by the special court that it has specifically been alleged by NIA that Navlakha had nexus in the crime. Special Judge Rajesh Katariya had observed that there being ample material in the charge sheet to show that Navlakha is being connected with the said offence.
In the said case, Navlakha has been booked under Sections 153(A), 505(1)(B), 117, 120(B), 121, 121(A), 124(A) & 34 of the Indian Penal Code, 1860 and Sections 13, 16, 17, 18, 18(A), 18(B), 20, 38, 39 & 40 of the Unlawful Activities (Prevention) Act, 1967.
Further, Navlakha is being accused of the banned CPI (Maoist)’s agenda and conspiring to overthrow the government.
The said NIA also accused him of instigating the caste violence which being erupted at Bhima Koregaon, a war memorial site in Pune, on January 1, 2018.
Therefore,, it has also been alleged by the NIA before the Special Court that Navlakha was actively being involved in fixing appointments and the meetings between active urban cadres and underground leaders of CPI (Maoist) under the missions of garb of fact-finding