Elgar Parishad case: SC dismisses NIA plea to recall house arrest order for activist Gautam Navlakha

New Delhi: The National Investigation Agency (NIA) on Friday said that the Supreme Court was ‘deliberately misled’ when it allowed house arrest for activist and Koregaon-Bhima case accused, Gautam Navlakha, who is reportedly unwell.

The SC refused to reverse its order after a brief back-and-forth but stated that house arrest must have “certain safeguards.”

The 70-year-old has not been moved out of prison despite the top court’s order. The NIA, which is represented by Solicitor General Tushar Mehta, in the court raised concerns about the safety of the location chosen by Navlakha’s team and urged the court to scrap the house arrest order.

The top court reacted sharply to the objections and when the NIA sought time till Monday. The bench consisting Justice KM Joseph and Justice Hrishikesh Roy, said, “Is Solicitor General Mehta and ASG (Additional Solicitor General SV Raju) here to say that the police can’t keep a watch on an ailing 70-year-old man? You think we cannot see through attempts to delay the case? For what purpose will we post on Monday? We are passing an order.”

When the investigating agency alleged that Navlakha has terror links, Justice Roy stated, “So? You say you cannot monitor then we will. When SG and ASG standing here saying can’t keep a 70-year-old ailing man in confinement. With all the might of the state… Is the state incapable of taking care? You can’t take care so let us take care.”

The apex court also questioned whether the government wanted a review of its house order. The NIA argued that the premise that was given for house arrest was a Communist Party of India (CPI) office. To which the bench pointed out that the party was a recognised political party of the country and further said that the arguments can be taken forward on premises as ‘health and other issues are already argued.”

Navlakha was arrested in April 2020 in connection with Maharashtra’s Koregaon-Bhima violence on 1st January, just a day after he allegedly delivered inflammatory speeches at an Elgar Parishad conclave.

Last week, the apex court while responding to his pleas on health grounds, had allowed him house arrest for a month. The court had said that the order must be implemented within 48 hours. However, his release has been delayed with the NIA ‘dragging its feet’, his lawyer alleged.

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