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SC Rejects NIA Plea, Directs Activist Navlakha To Be Placed Under House Arrest In 24 Hours

The Supreme Court also ordered additional security measures to be put in place where Navlakha would be lodged under house arrest.

The Supreme Court on Friday rejected a plea by the National Investigation Agency (NIA) seeking recall of its earlier order allowing the shifting of activist Gautam Navlakha to house arrest from Taloja prison in Mumbai where he is lodged in connection with the Bhima Koregaon case.

In a strong directive to the NIA, the Supreme Court said Navlakha should be placed under house arrest within 24 hours after shifting him from Taloja jail. A bench of Justices KM Joseph and Hrishikesh Roy also ordered additional security measures to be put in place where Navlakha would be lodged under house arrest.

The NIA had sought recall of the SC order of November 10, citing his links to Maoists and Pakistan's ISI.

READ | Activist Gautam Navlakha's Release Stalled Over 'Safety Concerns' Raised By NIA

During the hearing, the SC bench also rejected apprehensions raised by the NIA on the fact that the premises where Navlakha wants to be kept under house arrest, belongs to the Communist Party of India, a report in Bar and Bench said.

"Communist Party is a recognised party of India. What is the issue," Justice Joseph asked Solicitor General (SG) Tushar Mehta, who appeared for the NIA.

"If it does not shock you then what can I say," the SG said. "No it does not shock us," the bench responded.

"If with the entire police force you cannot keep a watch on a 70-year-old ailing man, then think about the weakness...please do not say such a thing. With all the might of the state, you are not able to keep a 70-year-old ailing man in house confinement", the SC bench commented on NIA's objections, Live Law reported.

The court also imposed certain additional conditions for the house arrest of the 70-year-old Navlakha, such as the sealing of the kitchen door leading to the exit point and the locking of the grills of the hall, a report in Live Law said. The bench noted that Navlakha has complied with the condition of installing CCTV cameras at both the exit points.

On November 10, the SC allowed Navlakha to be placed under house arrest owing to his deteriorating health. He was asked to deposit an amount of Rs 2.4 lakh as expenses for his security cover when he would be under house arrest.

The court had said that Navlakha did not have any criminal background except for the present case and even the Centre had appointed him as interlocutor to hold talks with Maoists.

The court had also directed that Navlakha shall not be permitted to use a computer, internet or any other communication device while under house arrest.

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