Mumbai: The National Investigation Agency (NIA) told the Bombay High Court on Monday that human rights activist and journalist Gautam Navlakha, who is an accused in the Elgar Parishad - Bhima Koregaon case, was an important part of the Urban Naxal Movement to arrange for the logistics of the Rural Naxal Movement.
Additional Solicitor General Devang Vyas appearing for the NIA argued that the urban naxal wing was a “complementary part” of the rural arms naxal struggle because it arranged logistics like manpower and funds.
“Urban (Naxal) movement is one of the main sources as it handles cadres to arrange logistics. Urban movement is complimentary to rural arms struggle. One cannot have a mass urban movement (like rural naxal movement) but it arranges logistics to give the belief as wide publicity as possible,” ASG said.
Navlakha Moved HC After Special NIA Court Dismissed His Bail Plea
The NIA is opposing Navlakha’s regular bail plea. Navlakha approached the HC after the special NIA court rejected his regular bail plea. The special NIA court had rejected Navlakha’s plea after rehearing the same, as directed by the High Court.
Vyas contended that the accused worked towards furthering Naxal ideology and abetted offence towards the Government of India, which is a democratically elected government. It causes prejudice to maintain harmony and causes public mischief to commit offence against the state.
Advocate Yug Mohit Chaudhary, appearing for Navlakha, had argued that a basic requirement for charges under the Unlawful Activities Prevention Act (UAPA) was violence along with terrorism, association or conspiracy. He contended that without violence, the sections under UAPA could not be charged in the case.
Vyas responded stating that prima facie evidence showed there is a conspiracy within a larger conspiracy.
Navlakha Charged Under Criminal Conspiracy Section
Navlakha has been charged under sections of 120B (criminal conspiracy) and 34 (common intention) of the Indian Penal Code.
“With regard to Navlakha, they may not have allegations of any violent act against him, but conspiracy with UAPA will be applicable against him. Prima facie investigation revealed these aspects. Navlakha conspired with other arrested and wanted accused persons to further the ideology of the Communist Party of India (Maoist),” added ASG.
“There is a systematic role which has been assigned to everyone and they have performed the same,” ASG added.
“You cannot say that only the material which names me should be used against me or that ‘I was only concerned with setting appointments, for funds, etc. if we take one out, the chain will fall apart,” he added.
Vyas also argued that the excuse of fact-finding enquiry which was claimed by the accused was just a facade to advance the ideology of the CPI (Maoist) party.
“Navlakha’s role is in the nature of fact-finding. There is evidence that this enquiry is not just fact-finding but it was for the party, to gather information and help project the party in such a way that seeks to advance the party goals. These fact findings were also sponsored. I, as a citizen, can go to an area and find out what is happening, but that would be for myself or for my organisation. But if someone pays for me to go abroad for fact-finding, that speaks volumes” Vyas said. Vyas will continue his submissions for the next day.
