'Solvency certificate not needed', Supreme Court paves way for rights activist Gautam Navlakha's release

New Delhi, November 15

The Supreme Court on Tuesday waived the requirement for Gautam Navlakha, an accused in the Elgar Parishad-Maoist link case, to submit a solvency certificate, paving the way for his release from prison after which he will be placed under “house arrest”.

A Bench led by Justice KM Joseph had, on November 10, allowed 70-year-old Navlakha to be placed under “house arrest” on health grounds and said that to avail the concession, he would provide local surety of Rs 2 lakh by November 14.

A solvency certificate includes identity proof of the person like a ration card and an affidavit for the same.

On Tuesday, Navlakha approached the Supreme Court on the issue of the solvency certificate. The lawyer representing him told the apex court it would take up to six weeks to secure the solvency certificate in respect of surety to be provided as a precondition for the house arrest of the petitioner.

“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,” the SC had said in an interim order.

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