SC allows 'house custody' of Gautam Navlakha on health grounds

New Delhi, November 10

The Supreme Court on Thursday allowed activist Gautam Navlakha’s plea seeking to be transferred from Taloja jail to ‘house custody’ in Mumbai in the Elgar Parishad case in view of his age and poor health.

“It is unlikely that the case will make any progress towards culmination in the foreseeable future, with charges not being framed… We would think that he should be allowed to be placed for (under) house arrest for a period of one month,” a Bench of Justice KM Joseph and Justice Hrishikesh Roy said.

In an interim order, the Bench imposed certain conditions on the 70-year-old activist and asked him to deposit Rs 2.4 lakh towards likely expenses for making available police personnel. It also asked the NIA to evaluate in 48 hours the premises where he would be kept.

“The petitioner will not use a computer, internet or any other communication device while under house arrest. He will, however, be permitted to use a mobile phone without internet, provided by police personnel on duty, once a day for 10 minutes in the presence of the police,” it ordered.

It restrained Navlakha from leaving Mumbai and asked him not to attempt, in any manner, to influence witnesses during his ‘house arrest’. Television and newspapers would be allowed, but these cannot be internet-based, it added.

“We observe that the petitioner and companion are expected to scrupulously adhere to all conditions. Any deviation will be viewed seriously and may entail immediate cancellation of the order,” the Bench said, adding CCTV cameras shall be installed at the entry and exit gates of the house where he would be kept.

Additional Solicitor General AS Raju questioned the veracity of the medical report on the ground that the board of doctors that examined Navlakha included his brother-in-law.

The case against Navlakha relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city.

The Pune Police had claimed that the conclave was organised by people with alleged Maoist links. Later, the NIA took over the probe. Several activists and academicians, including Sudhir Dhawale, Shoma Sen, Vernon Gonsalves, Arun Ferreira and Navlakha, were arrested in the case.

Imposes conditions on activist

• Navlakha told to deposit Rs 2.4 lakh towards expenses for services of police personnel
• Can’t use a computer, internet or any other communication device while under house arrest
• Can use a mobile phone without internet once a day for 10 minutes in the presence of police
• Can’t leave Mumbai; television and newspapers allowed, but these can’t be internet-based