Mumbai, Dec 16: The Bombay High Court on Tuesday said it was inclined to allow a plea by human rights activist Gautam Navlakha, an accused in the Elgar Parishad Maoist links case, seeking permission to go to his hometown Delhi till the trial begins.
A bench of Justices Bharati Dangre and Shyam Chandak noted that Navlakha has been on bail for the last two years and the trial is yet to begin.
Condition Restricting Travel Outside Mumbai Under Review
Navlakha was granted bail by the High Court in 2023, and one of the conditions imposed on him was that he shall not leave Mumbai without prior permission from the trial court.
He initially approached the special NIA court seeking permission to stay in Delhi, as that was his hometown. However, the same was rejected, following which he approached the High Court.
Defence Cites Age, Financial Hardship and Delay in Proceedings
His counsel Yug Chaudhary said that Navlakha is now 73 years old and has been living in Mumbai in rented premises since he was granted bail. “He is originally from Delhi. He has a house there. He cannot afford to stay in Mumbai.”
He added that the trial would take a long time to begin since even the charges have not yet been framed in the case. Moreover, the NIA has not even responded to his discharge plea, which was filed three years ago. “If it continues like this, then he will go bankrupt,” Chaudhary added.
HC Rejects Virtual Trial Request but Open to Temporary Relocation
The senior counsel further submitted that Navlakha would attend the trial in the case via video conference from the NIA’s office in Delhi. As and when the trial court directs, or even if the prosecutor asks, Navlakha would appear before the trial court physically.
The bench said that while it would not allow Navlakha to attend the trial from Delhi, it was inclined to allow him to shift to Delhi until the trial begins. “We are satisfied with the reasons shown in his plea and there is nothing to show that he is a flight risk. We have made up our mind,” the High Court said.
Court Notes No Attempt by Navlakha to Flee
The judges also remarked that there have not been any instances where Navlakha has attempted to flee. “The applicant (Navlakha) feels that he is forced to stay in Mumbai when his house is in Delhi. He has assured that he will come back to Mumbai when the trial begins,” the court said.
“Consider his age… he feels completely uprooted from his life and his social circle. He is now free in the sense that he is out on bail… It is not that we are permitting him to escape the clutches of law,” Justice Dangre said.
NIA Asked to Suggest Conditions; Matter Listed for December 17
The bench asked Additional Solicitor General Anil Singh, representing the NIA, to specify the conditions to be imposed on Navlakha.
The court has kept the matter for further hearing on Wednesday, December 17.
Background of the Elgar Parishad Case
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 kept under house arrest. At present, he is residing in neighbouring Navi Mumbai.
The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017. The police claimed that it triggered violence the next day near the Koregaon-Bhima war memorial in Pune district.
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It is also alleged that the conclave was backed by Maoists. More than a dozen activists and academicians have been arrested for their alleged complicity in the case. The probe was subsequently transferred to the NIA.
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