The Supreme Court on Thursday allowed the house arrest of activist Gautam Navlakha who is incarcerated in connection with the Elgar Parishad-Maoist link case.
A bench of Justices K M Joseph and Hrishikesh Roy said the house arrest order should be implemented within 48 hours.
The bench also directed Navlakha to deposit Rs 2.4 lakh, an estimated amount which the National Investigation Agency (NIA) claims as expense for making available police personnel.
It also said that Navlakha will not be allowed to use a computer and internet during his month-long house arrest.
“Petitioner will not use a computer, internet or any other communication device while under house arrest. He will, however, be permitted to use a mobile phone without internet provided by police personnel on duty once a day for 10 minutes in the presence of the police,” the bench said.
The apex court also said that Navlakha shall not be allowed to leave Mumbai and he will not attempt, in any manner, to influence witnesses during his house arrest.
Television and newspapers will be allowed, but these cannot be internet-based, it said.
“We observe that the petitioner and companion are expected to scrupulously adhere to all conditions. Any deviation will be viewed seriously and may entail immediate cancellation of the order,” the bench said.
The 70-year-old activist is in jail in connection with the Elgar Parishad-Maoist link case.
Additional Solicitor General SV Raju, appearing for the National Investigation Agency (NIA), had submitted before a bench of Justices K.M. Joseph and Hrishikesh Roy on Wednesday that people such as Navlakha, arrested in the Bhima Koregaon case, want to destroy the country and alleged that he is pro-Maoist and has links with Pakistan’s ISI.
Raju alleged that they are not innocent people and involved in actual warfare, and “they want to destroy the country”.
Senior advocate Kapil Sibal, representing Navlakha, submitted that medical reports show that his treatment inside the jail is not possible and his client had alarming weight loss.
During the hearing, the bench asked Raju to consider his advanced age and added that it is not releasing him on bail, and also, he is not going to enjoy the default bail which Sudha Bharadwaj got.
Raju said that there is nothing wrong with Navlakha and the authorities concerned will provide a mattress, cot, and also allow home food.
On September 29, the Supreme Court directed the Taloja Jail Superintendent to immediately shift Navlakha to Mumbai’s Jaslok hospital for treatment.
Navlakha moved the apex court challenging Bombay High Court judgment passed in April, dismissing his plea to be transferred from Taloja Prison and placed under house arrest instead. In August 2018, he was arrested and initially placed under house arrest. In April 2020, after an apex court order he was moved to Taloja Central Prison in Maharashtra.
With inputs from agencies.
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