On Friday 18th November 2022, the Supreme Court denied the National Investigation Agency’s (NIA) request to overturn an earlier order of the Court ordering Bhima Koregaon accused Gautam Navlakha to be placed under house arrest rather than imprisoned. Justices KM Joseph and Hrishikesh Roy were on the bench that issued the ruling, and they ruled that it must be followed within 24 hours. To prevent abuse of the home arrest, the Court imposed several extra measures.
The bench also dismissed the NIA’s concerns during the hearing on the Communist Party of India owning the property where Navlakha requested to be placed under house arrest. Justice Joseph asked Solicitor General (SG), Tushar Mehta who appeared for the NIA, “Communist Party is a recognized party of India. What is the issue?” Solicitor General Tushar Mehta said, “If it does not shock you then what can I say?” Responding to this, the bench said, “No it does not shock us.”
The court said in the order, “We record submission of SLP petitioner (Navlakha) that he has no objection to NIA sealing the kitchen door leading to exit door. NIA is free to seal the kitchen door leading to the exit point. NIA shall not close the door between the hall and the kitchen.”
It further said, “Another concern is about openable grills. We direct such grills can be locked and keep the key with themselves. Apart from the CCTV installed, there is another one on the southern door. Order of Nov 10 shall be given effect within 24 hours from the date of the receipt of the copy of the order.”
During the hearing, the Court further made it clear that using the internet is strictly prohibited and that the NIA may again petition the top court if this rule is flouted. NIA in its petition had said that “it was never a consented order and the NIA had opposed it tooth and nail” while the court said that the order ruled on November 10 was having consent from parties.
NIA reminded the court that the order was based on the reasoning that the location of house arrest would be residential in nature. However, the NIA emphasized that Navlakha’s preferred site is a public library run by the Communist Party of India. It includes three entries through the main gate, a ground floor, a hall on the first level, and an open terrace. The agency discovered that the building is registered in the name of the Communist Party Secretary, who also runs it.
The library, according to Additional Solicitor General (ASG) SV Raju, was converted into a temporary residence, and the defendants also concealed the fact that it has two entrances. Additionally, Navlakha submitted a petition to the Supreme Court complaining that the authorities were disobeying the ruling from November 10. Navlakha’s senior lawyer Nitya Ramakrishnan stated on Friday that the location suggested for his stay is a residential unit.
Ramakrishnan stated that the Communist Party of India “itself condemns Maoists” in reference to the claim made against them. It is a recognized party, according to Ramakrishnan, who asserted that anyone with even a rudimentary understanding of modern politics would know this. NIA also contended that the accused Gautam Navlakha is having links with ISI and terrorists in Jammu and Kashmir.
Earlier on November 10, the Supreme Court pronounced 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 favor, despite the overwhelming evidence against him.
NIA charges against Gautam Navlakha
Gautam Navlakha was arrested in 2020 when 11 people were taken into custody for organizing and giving provocative speeches during the Elgar Parishad event on the 31st of December 2017. The event was organized 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 organizers 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 program to unite the struggles of various “oppressed nationalities” into a common fighting united front against the common enemy, i.e. the “Indian State”.