SC sets aside Delhi HC order on Navlakha

Tribune News Service

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New Delhi, July 6

The Supreme Court (SC) on Monday set aside a Delhi High Court (HC) order calling for NIA records in the Bhima Koregaon case, saying the HC had no business to question the transfer of accused Gautam Navlakha from Tihar Jail in Delhi to a prison in Mumbai.

“Thus, the entire exercise taken by the High Court of Delhi was totally uncalled for,” a Bench headed by Justice Arun Mishra ordered.

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Setting aside the Delhi High Court’s order and its comments against National Investigation Agency (NIA), a Bench headed by Justice Arun Mishra said, “It is the courts at Bombay alone having the jurisdiction, which can entertain the application.”

Since the respondent (Navlakha) has been moved to Bombay, he is at liberty to apply before the competent court in Bombay, it said.

The order came on an NIA petition challenging the Delhi HC’s order seeking records of judicial proceedings before a special court that ordered Navlakha’s shifting from Delhi to Mumbai. The HC had pulled up the NIA for shifting Navlakha to Mumbai when his plea was pending before it.

Navlakha (67), who surrendered before the National Investigation Agency on April 14 following the Supreme Court’s direction, was lodged in Tihar jail in Delhi. He was taken to Mumbai by train on May 26. Later, he filed a bail plea before the Delhi High Court.