The Bombay High Court on Tuesday dismissed the petition filed by Gautam Navlakha, accused in the Elgar Parishad case, seeking to be kept under house arrest instead of judicial custody at Taloja Central prison, in Navi Mumbai.
A division bench of justices SB Shukre and GA Sanap, while dismissing the plea, said that if Navlakha had any grievances pertaining to lack of medical aid, basic facilities at the Taloja prison, he should bring it to the attention of the special NIA court and the said officer has been directed to ensure grievance redressed within parameters of law.
Besides, the HC has also directed the Superintendent of the Taloja prison to provide medical kits and requisite medical aid to Navlakha in prison.
“The present petition is dismissed. The petitioner will be at liberty to bring to the attention of presiding officer of special NIA court, the grievances in respect of difficulties faced by him in prison,” said HC. It further added: “The said officer is directed to ensure the grievance redressed within parameters of law.”
Navlakha had approached HC earlier this year seeking that he be shifted to house custody instead of judicial custody. His counsel Yug Chaudhry had argued that Navlakha was a senior citizen and suffered from several health ailments. Saying that the trial in the case was unlikely to begin soon, Chaudhary had prayed that Navlakha be kept under house arrest after imposing necessary conditions, as HC seemed fit.
Opposing the relief, NIA had claimed that if placed under house arrest, it would not be possible to prevent Navlakha from using social media while out of prison.
Additional Solicitor General Anil Singh, appearing for NIA, had contended that the grounds raised by Navlakha for house arrest were common grievances – such as Navlakha suffering from hypertension, the Taloja prison being overcrowded etc.
Also, it was common knowledge that India was a crowded nation and that the city of Mumbai was overcrowded. Therefore, the Taloja prison being overcrowded was not an adequate reason for grant of house arrest, NIA had said.
Maharashtra government too opposed Navlakha's plea and said that the prison authorities will provide requisite medical care to Navlakha.
Navlakha, a human rights activist and former Secretary of the People's Union for Democratic Rights, was arrested in August 2018 but was initially placed under house arrest. He was later moved to Taloja Central Prison in Maharashtra in April 2020 after a Supreme Court order.
