On Tuesday (9th April), the Supreme Court slammed the Bhima Koregaon case accused Gautam Navlakha, directing him to pay the dues for the security cover given to him during his house arrest. Notably, during the last hearing while opposing his bail plea, the National Investigation Agency (NIA) had submitted before the bench that the Urban Naxal, Navlakha owed Rs 1.64 crore as expenses for the security provided to him during his house arrest.
The bench comprising Justices MM Sundresh and SVN Bhatti hearing the matter had been apprised that the plea for house arrest was made by Navlakha on grounds of health issues.
During the hearing, the bench remarked, “If you have asked for it (house arrest), you have to pay (the costs for security cover). You cannot escape your liability.”
If you have asked for it (house arrest), you have to pay (the costs for security cover). You cannot escape your liability: Supreme Court to Gautam Navlakha
— Bar and Bench (@barandbench) April 9, 2024
ASG SV Raju for NIA had submitted the activist owes it Rs 1.64 crore#SupremeCourt #SupremeCourtOfIndia pic.twitter.com/uPpjNwjEOf
Advocate Shadan Farasat (representing Navlakha) contested the calculation claiming that they have no issues paying up for the security cover. Retorting to it, Additional Solicitor General SV Raju rubbished it as an ‘excuse’ arguing that they were trying to avoid payment. He remarked, “Every time they say this. I want to see the currency paper (payment), not your (Navalkha’s counsel) file.”
Adv Shadan Farasat: We have no issues paying up but we dispute the figures. Lordships may decide.
— Bar and Bench (@barandbench) April 9, 2024
ASG Raju: Everytime they say this. I want to see the currency paper, not your file.#SupremeCourt
Following the arguments, the bench asked Navlakha’s counsel to submit their objections (about calculations). Subsequently, the court listed the matter for 23rd April when it would hear the issue and decide on his pleas.
During the last hearing, ASG Raju informed the bench that Navlakha, arrested in the Elgar Parishad-Maoist links case, had only paid ₹ 10 lakh till now as part of expenses incurred for round-the-clock security.
Appearing for the accused Navlakha, Senior advocate Nitya Ramakrishnan had disputed the figure of Rs 1.64 crore. She alleged that the agency’s calculation of the payable amount was wrong and went on to accuse the agency of “extortion”.
Ramakrishnan claimed, “They cannot demand one crore from citizens for keeping them in custody.”
Responding to her argument, the ASG replied that citizens are not entitled to house arrest and strongly objected to the use of the term “extortion”.
The developments in the Gautam Navlakha case
The case relates to the inflammatory speeches made at the Elgar Parishad conclave held in Pune on 31st December 2017. A day after the inflammatory speeches, violence erupted near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city. According to the Police, the speeches had triggered the violence.
Gautam Navlakha, having Maoist links, was arrested by Pune police from Delhi on August 28, 2018, in connection with the Bhima-Koregaon – Elgar Parishad case. Initially, he was kept under house arrest. However, following a Supreme Court order, he was sent to judicial custody in Taloja Central Prison in April 2020.
The Urban Naxal Navlakha has been under house arrest at a public library in Mumbai since November 2022. On 10th November 2022, the SC granted ‘house arrest’ of Gautam Navlakha on ‘medical grounds’ despite vehement opposition by the probing agency.
Later, on 19th December 2023, the Bombay High Court granted him bail. In its order, the division bench comprising Justices AS Gadkari and SG Dige noted that Navlakha merely intended to commit the terrorist act and did not attempt the same. However, the court stayed its order accepting NIA’s request to file an appeal before the Supreme Court.
The NIA had opposed his bail application, submitting that he had been introduced to a General from Pakistan’s Inter-Services Intelligence (ISI) for recruitment, indicating his connection with the organisation.
Meanwhile, in these hearings, the Supreme Court has been extending this stay on HC’s order granting bail to the Urban Naxal, Gautam Navlakha.
Justice MM Sundresh: We will extend the interim stay on bail also till then.
— Bar and Bench (@barandbench) April 9, 2024
Navlakha's regular bail plea accordingly adjourned.#SupremeCourt
Evidently, while concluding today’s hearing, Justice MM Sundresh remarked, “We will extend the interim stay on bail also till then (23rd April, next date of hearing). Navlakha’s regular bail plea is accordingly adjourned.”
