Mumbai: While issuing notice to the National Investigation Agency (NIA) on a bail plea filed by activist Gautam Navlakha, an accused in the Elgar Parishad - Bhima Koregaon case, the Bombay High Court has asked his lawyers to ensure that all dates related to the case are correctly recorded since the bail plea had been heard twice by the special court.
A division bench of Justices Ajey Gadkari and SG Dige directed the NIA on Monday to file its reply to Navlakha's plea challenging an order of a special court that rejected his regular bail application. The bench also instructed the lawyers to accurately record all dates in relation to the case.
April bail plea of Navlakha
In April, the special NIA court had rejected Navlakha’s plea after rehearing the same, as directed by the High Court. While rejecting his bail, the special court had observed that Navlakha was a member of banned terrorist organisation Communist Party of India (Maoist), which attacked and killed many government security forces. It had also reasoned that there were reasonable grounds for believing that the accusations against Navlakha were prima facie true.
Navlakha challenged this order before the HC claiming that a special judge had erred in his reasoning to reject the plea.
His advocate Yug Mohit Chaudhary contended that the observation of him being a member of the banned terrorist group was wrong and uncalled for. Navlakha has sought quashing and setting aside of the bail order and urged the court to release him on bail.
Navlakha was arrested in August 2018.
On Navlakha’s plea, the Supreme Court, on November 10, 2022, permitted him to be shifted from prison and be kept under house arrest. At present he is residing in neighbouring Navi Mumbai.
HC bail hearing of Navlakha
This is Navlakha’s second round of appeal in the High Court seeking regular bail.
On September 5, 2022, the special NIA court had rejected his regular bail plea following which he had approached the HC.
The NIA opposed his plea before the HC claiming that he had been introduced to a Pakistan Inter-Services Intelligence (ISI) General for his recruitment, which shows his nexus with the organisation.
However, the HC, on March 2, observed that the reasoning in the order of the special court was “cryptic” and did not contain analysis of the evidence relied upon by the prosecution. The HC had then asked the special court to rehear the bail plea pass order afresh.
The special judge Rajesh Katariya, on April 6, rejected his bail plea. Against which he once again approached the HC.
