Elgar Parishad case: HC seeks NIA reply on Gautam Navlakha’s bail plea

Jun 13, 2023 01:05 AM IST

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The special court rejection was based on prime facie finding that Navlakha had connections with ISI operative Gulam Nabi Fai in the US and he was also connected to the banned CPI (Maoist). Navlakha, however, stated in his appeal that there was no substantial evidence to prove the claims made by the agency

Mumbai: The Bombay high court on Monday sought the National Investigation Agency’s (NIA) response on an appeal filed by Elgar Parishad accused Gautam Navlakha, challenging the rejection of his bail application by the special NIA court in April.

Srinagar, India - December 06: Human Rights Activists Gautam Navlakha speaks after displaying a report by two human rights groups during a press conference, in Srinagar, India, on Thursday, December 06, 2012. Human Rights groups released the names of 500 people, including 235 army personnels and 31 pro-government militants, for their alleged involvement in incidents of rights violations in Jammu and Kashmir during the last 20 years. (Photo by Waseem Andrabi/ Hindustan Times)

The special court rejection was based on prime facie finding that Navlakha had connections with ISI operative Gulam Nabi Fai in the US and he was also connected to the banned CPI (Maoist). Navlakha, however, stated in his appeal that there was no substantial evidence to prove the claims made by the agency, but the special court had failed to take note of it. The HC will hear the appeal on June 28.

Navlakha, one of the 16 accused in the Elgar Parishad case, had approached the HC for a second time and appealed against the rejection of his bail application by the special court on April 18. Previously, he had filed an appeal in the HC when the special court rejected his bail application in September 2022.

After hearing the first appeal in March, the HC had said that as the September order of the special court was cryptic, it needed to conduct a fresh hearing and give a reasoned order as it had not justified the grounds for rejection. The special court reheard the matter at length and rejected the bail application again with a reasoned order running into 39 pages.

In his fresh appeal filed through advocates Yug Mohit Chaudhry and Shifa Khan, Navlakha claimed that the special judge has erroneously observed that he has links with the CPI (Maoist) and hence, sought quashing of the special court order and releasing him on bail.

Navlakha was arrested on April 14, 2020 and lodged in Taloja jail with the other accused till November last year when the Supreme Court directed that he be placed under house arrest. On November 19, he was put under house arrest in Navi Mumbai where he has remained since then.

The division bench of justice AS Gadkari and justice SG Dig after hearing preliminary arguments on Monday issued directions to the NIA to respond.

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