The Supreme Court pronounced today the order on the application of Bhima Koregaon accused Urban Naxal Gautam Navlakha, seeking transfer to house arrest on account of his medical condition. The NIA vehemently opposed the petition moved by Gautam Navlakha, with Kapil Sibal making a passionate plea in his favour, despite the overwhelming evidence against him. The Supreme Court on the 10th of November granted Navlakha’s request for house arrest.
Supreme Court asks Maharashtra govt to carry out a necessary evaluation of the place where Bhima Koregaon case accused Gautam Navlakha will be under house arrest. After evaluation, the petitioner shall be placed under house arrest within 48 hours.
— ANI (@ANI) November 10, 2022
The Supreme Court has allowed Navlakha to live with his partner without using the phone. He’ll be allowed to meet 2 members of his family, once a week. Navlakha to deposit a demand draft of Rs 2.40 lakh by name of Navi Mumbai CP, as the expenses to be incurred for constables’ deployment.
Supreme Court says agencies are at liberty to keep inspecting the residence, however, observes that this should not be a ruse to harass the petitioner.
— ANI (@ANI) November 10, 2022
The Supreme Court said that the agencies will be allowed to inspect the house of Navlakha, however, “he should not be harassed”.
The Supreme Court on Wednesday had asked the NIA to inform it on Thursday about restrictions it wants in place in case the court decides to allow Bhima Koregaon violence case accused Gautam Navlakha’s plea to shift him to house arrest. The Supreme Court bench, comprising of Justices Justices K M Joseph and Hrishikesh Roy said, “We have already recognised house arrest as a form of custody…. We don’t know when you will succeed in convicting. What kinds of restrictions you want to put, you tell us that. And it is not as if it’s going to be there for eternity. We will try out… Not just age, it’s not as if he is in the best of health.”
The court expressed staggering concern for the health of Navlakha saying to the ASG, “Place whatever restrictions. At least let him remain in house arrest for a few days. Let’s try to work it out… How old are you? 68? So, you might understand”.
These comments by the Supreme Court were made even as ASG SV Raju, appearing for the NIA, detailed the grave charges against Navlakha and told the court that his health condition had improved and he had no complaints at the moment. “They want to obtain bail by hook or crook. They will say trial is being delayed. So many bail applications filed. Today discharge application filed”, ASG said.
The Bench then asked the ASG if his STPT levels were high. To that, the ASG said, “Not that high. It’s manageable. If you control your diet etc… Not something that you require house arrest. We will provide a mattress and cot, everything. We will allow him to bring home food also,” the ASG responded. An outraged Kapil Sibal then responded with exasperation, reminding the court of Stan Swamy, another Urban Naxal, who died of natural causes recently while in custody. The court also said that constables can be posted outside his home, however, the NIA said that house arrest was difficult to monitor. During the proceedings, the court also questioned how the NIA joined the dots between Navlakha and ISI, Ghulam Nabi Fai.
The NIA cited his ISI links and the fact that Navlakha has the propensity to send emails etc and therefore, it would be difficult to monitor him under house arrest.
At this juncture, it becomes imperative to analyse what the NIA charges are against Gautam Navlakha.
NIA charges against Gautam Navlakha
Gautam Navlakha was arrested in 2020 when 11 people were taken into custody for organising and giving provocative speeches during the Elgar Parishad event on the 31st of of December 2017. The event was organised by “activists” of Kabir Kala Manch in Pune. The NIA says that the event promoted enmity between different groups of people and caste groups, leading to violence and loss of life. The NIA investigation revealed that the organisers of Elgar Parishad were in touch with leaders of CPI (Maoist), a banned terror outfit under UAPA, and were spreading the ideology of Naxalism/Maoism to encourage unlawful activity.
The evidence, according to the NIA, suggests that the CPI (Maoist) allegedly chalked out “United From and Work in the basic Masses”, under which a detailed strategy and programme to unite the struggles of various “oppressed nationalities” into a common fighting united front against the common enemy, i.e. the “Indian State”.
The NIA said that according to them, “In taking up the national question, we must make a distinction between the nationalities of the North East and Kashmir on the one hand and those in the other states of India on the other. The former had never considered themselves as part of India since they were actually annexed by the British and added to India. The ruling classes of India have continued their occupation of the territories of these nationalities after the transfer of power despite promises made prior to 1947 that, in the present concrete conditions, we must extend complete and unflinching support to the demand for secession of these nationalities as long as their struggle is directed against our common enemies. But at the same time, we have to try to make them understand very patiently that without having a comprehensive plan and programme and without being part and parcel of the NDR, their complete political and economic emancipation cannot be fully achieved. We must try to give a revolutionary orientation to the nationality movements keeping in mind the fact that the leaderships of these movements often tend to strike a compromise with the ruling classes or even surrender their cause in the midst of the struggle“.
During the investigation, NIA established that the same strategies and tactics mentioned in the above para were allegedly adopted by the arrested accused, including the petitioner (Gautam Navlakha), Hany Babu, Rona Wilson, Varavara Rao and others.
NIA alleged during the investigation, they collected evidence that showed Navlakha and Hany babu MT were members of CPI (Maoist). They allegedly possessed “incriminating documents related to CPI (Maoist)” that are exclusively available only to the party members.
During the investigation, NIA found that arrested accused number 10, Anand Teltumbde was allegedly a senior member of CPI (Maoist) and worked in an urban area. He was in contact with other arrested accused, including Navlakha, accused Sudhir Dhawale, Rona Wilson, Surendra Gadling, Mahesh Raut, Shoma Sen, Varavara Rao, Sudha Bharadwaj, Arun Ferriera, Vernon Gonsalves, Stan Swamy, Hany Babu and other members of the CPI (Maoist) party along with accused Harshali Potdar and wanted accused Sudarshanda alias Katkam Sudarshan, secretary CRB and CCM of CPI (Maoist) party.
Furthermore, Navlakha was also the general secretary of CRDP and a member of the “Anuradha Ghandy Memorial Committee’ (AGMC). These two are front organisations of the CPI (Maoist). The investigation agency alleged that Navlakha has deep links with CPI (Maoist), and he supported Maoist ideology. He allegedly gave anti-government speeches at lectures and in various videos.
NIA alleged that there was evidence on record that Navlakha worked in the urban areas to unite ‘intellectuals’ against the Indian government to defeat them physically and otherwise. The investigation agency further stated Navlakha participated in a fact-finding committee and was assigned tasks to recruit cadres for the guerrilla activities of CPI (Maoist). He was allegedly aware of the young activists in urban areas like Delhi and Mumbai and states like Chhattisgarh who were ready to join and serve Maoist “revolution”.
NIA alleged he visited Dandkaranya, which is an advancing guerrilla zone of the Indian revolution. Jan Myrdal, a Swedish author and controversial personality infamous for his politics for Marxist-Leninist, had allegedly accompanied him.
Navlakha was allegedly involved in the ‘Coordination of Democratic Rights Organisation’ (CDRO) ‘s activities. He also received emails from CDRO. He allegedly fixed appointments and meetings between underground CPI (Maoist) leaders and active urban cadres on the pretext of ‘fact-finding missions’. The reference for the same is mentioned in a document titled ‘Our work in urban areas areas & ‘Strategy and Tactics of Indian Revolution’.
Navlakha was also in contact with Ghulam Nabi Fai via email and phone. Notably, Fai was arrested by the Federal Bureau of Investigation (FBI) in July 2011 for accepting funds from the Pakistani intelligence agency Inter-Services Intelligence (ISI) and the Pakistani government. Fai reportedly did not disclose the origin of funds as required by US law.
As per NIA, Navlakha visited the USA thrice and addressed the ‘Kashmiri American Council’ (KAC) Conference organised by Ghulam Nabi Fai. He used the email address [email protected] to stay in touch with Fai and contacted me over phone calls as well.
Navlakha allegedly wrote a letter to US Court Judge who was hearing Fai’s case for clemency. He allegedly submitted letters to the US court on Fai’s behalf. Furthermore, Navlakha was allegedly introduced to a Pakistani ISI General by Fai for his recruitment on the directions of the ISI. NIA alleged the evidence showed his nexus and complicity with ISI and Fai.
NIA further alleged that Navlakha delivered speeches in support of the Kashmir separatist move and Maoist Movement at different programmes and forums. NIA also seized documents related to the formation of the CPI (Maoist) party, important press releases of CPI (Maoist), critical secret communications with the underground senior leaders and other strategic documents establishing alleged deep involvement in the party’s activities.
NIA also listed alias used by the accused that were revealed during a search at the premises of Hany Babu. As per NIA, Gautam Navlakha was called Darbar/G/GN. Amit Bhattacharya was called Ankush/Kanahi. Hany Babu got the alias HB/Venkar. Arun was Rupesh/A, Surendra was Vijay/S/SG, Varavara Rao was VV/Chief/Manyam Pituri, Sudha was Kaveri/S, Rona was Kuppu/R/RW, Shoma was Ajita/S/Shoma, Vernon was Shoom/Ashok/V, Malem was Sunit, Saibaba was S, and Degree Prasad was Sushil.
Documents submitted by NIA
NIA submitted a letter recovered from the laptops of Rona Wilson and Gautam Navlakha that was written by Katkam Sudarshan to Navlakha. The content revealed his role in open work activities and fact-finding missions across the country. Katkam Sudershan alias Anand is the Secretary of the Central regional Bureau and Central Committee member of CPI (Maoist).
Another letter submitted by NIA was sent from Anantwa to Mainibai that talked about the war on people programme in Mumbai, recruiting students to the AGM committee programme, internal disputes of the party members in Delhi and Fact Finding missions in Jammu and Kashmir, Bastar and more. It also mentioned that the responsibility of FF missions was given to Navlakha and Varunda. Mainibai is Dandakaranya Special Zonal Committee Member of CPI (Maoist).
The investigating agency submitted a pamphlet recovered from Navlakha’s email account. It talked about a programme by the Committee for Protection of Democratic Rights Mumbai, on War on People, by Arundhati Roy and Gautam Navlakha in Mumbai. A letter from Anantwa to Mainibai also talked about the programme on the War on People in Mumbai and the participation of other Comrades.
A copy of Navlakha’s passport was also submitted with an entry Visa for Pakistan.
Documents related to Court proceedings against Fai at the US District Court for the Eastern District of Virginia, Alexandria Division, were also submitted.
A letter from Surendra Gadling was submitted by the investigating agency that talked about PPSC (Persecuted Prisoners Solidarity Committee) work in Chhattisgarh (CG), allotment of Professional Revolutionaries(PRs) for various urban fronts etc. Gadling talked about efforts made by accused Sudha and Stan to conduct PPSC work following Prashant’s arrest. Prashant is an accused in the Gadchiroli case, in which GN Saibaba is also an accused. The letter allegedly mentioned that Gautam, along with Surendra, Rona and Sudha, had direct access and communication with Central Committee Members and senior leaders of the CPI (Maoist).
A letter from Sudha to Prakash was submitted that had the minutes of the meeting conducted at Nagpur on March 19, 2017. It talked about Sudha’s arrest and mentioned Navlakha and one other was in contact with separatists from Jammu and Kashmir. NIA said the “letter corroborates the references of the petitioner in the documents recovered from the co-accused in the present matter.”
A document dated March 13, 2018, was submitted that talked about the work report of C-1 prepared by Navlakha that mentioned the encounters, newcomer comrades, party discipline and appointment (APTs) etc.
A letter addressed to John Myrdal, Gautam and Anil were submitted that talked about their visit to Dandkaranya.
A letter from Navlakha to Sudarshan was submitted regarding the fact-finding at Chhattisgarh.
A document titled ‘Party Constitution’ was submitted that was recovered from Navlakha. It talked about the Constitution of CPI (M-L) [People’s War] and had an article and Maoist party agenda.
A letter recovered from Surendra Gadling’s laptop was submitted addressing Navlakha about a programme at Hyderabad organised by Varavara Rao. It also talked about the selection of reliable couriers as full-time members of the party.
A document pertaining to guidelines for International work was submitted by NIA that talked about the guidelines passed by the Central Committee (CC-2) meeting regarding coordination with Maoist parties across the globe and building the anti-imperialist international mass movement. It also talked about building an organisation of Indians across the globe to support the revolution in India.
A letter from Gaurav International Bureau, Communist Party of Nepal (Maoist) to Gautam was submitted that talked about the situation of revolution in Nepal and appealed solidarity.
A letter sent by Gautam to the Gaurav International Bureau, Communist Party of Nepal (Maoist) was submitted by the NIA that talked about issues on PLA (Peoples Liberation Army) merger with Army, revaluation in Nepal etc.
