The Supreme Court was told on Thursday by the counsel appearing for Gautam Navlakha, accused in the Bhima Koregaon violence case of 2018, that the apex court’s order directing that he be placed under house arrest was not being complied with by the state authorities.
Senior Advocate Nitya Ramakrishnan, appearing for Navlakha, told a bench of Chief Justice of India DY Chandrachud and Justices Hima Kohli and JB Pardiwala that probe agencies had been directed to inspect the premises where Navlakha was to be relocated within 48 hours.Ramakrishnan said, “They were supposed to inspect the premises within 48 hours and not within 96 hours. The order was placed on November 10. The order is not being followed.”
Solicitor General Tushar Mehta, appearing for the National Investigation Agency (NIA), told the top court that instead of providing details of a house where he wants to be placed under house arrest, Navlakha has given details of a library-turned-residential place belonging to the Communist Party. “He is a Maoist, and we objected to it, but now instead of the house, he has given the address of a library-cum-stay place of the Communist Party,” he said.
Ramakrishnan objects to the argument of the Solicitor General, who says, “It was mentioned that it is a library.” Solicitor General told the apex court that the agency has filed an application seeking certain directions from the court and urged it to list the case.
The bench then listed the matter for hearing tomorrow before the bench headed by Justice KM Joseph.
A bench of Justice Joseph in an interim order permitted Navlakha to be placed under house arrest for a period of one month considering his health condition and old age. The Maharashtra government was ordered to conduct a necessary evaluation of the location where Navlakha will be placed under house arrest, and he was ordered to be placed under house arrest within 48 hours of the evaluation.
Navlakha had moved the top court requesting that he be placed under house arrest instead of judicial custody in Taloja jail, Maharashtra.
The apex court had imposed several conditions on Navlakha including he shall not use any mobile phone, laptop, communication device or gadget. He shall use the phone to be provided by police personnel on the duty. He will be able to use the phone once a day for 10 minutes in the presence of the police.
