SC rejects NIA plea, orders to place Gautam Navlakha under house arrest

Gautam Navlakha : The Supreme Court on November 18 rejected the National Investigation Agency's (NIA) application and ordered that social activist Gautam Navlakha be put under house arrest within 24-hours from Taloja jail in Navi Mumbai. Navlakha is an accused in the Bhima- Koregaon case.  

The NIA had sought recall SC’s November 10 order for placing Navlakha under house arrest.

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SC deliberately misled: NIA

The anti-terror body said the Supreme Court was "deliberately misled" when it allowed house arrest for activist Gautam Navlakha, Navlakha is reportedly very unwell.

The Supreme Court ordered "certain safeguards" during house arrest.

Gautam Navlakha, 70, has not been moved out of prison even a week after the Supreme Court order. The National Investigation Agency (NIA), represented by Solicitor General Tushar Mehta, raised concerns about the safety of the location chosen by Navlakha's team and urged the court to scrap the house arrest ruling.

Judge reacts sharply

Reacting sharply to the objections, the Supreme Court 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?"

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When the NIA sought time till Monday, Justice KM Joseph snapped: "You think we cannot see through attempts to delay the case? For what purpose will we post on Monday? We are passing an order."

As the agency alleged that Navlakha has terror links, Justice Hrishikesh Roy said: "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."

NIA dragging its feet

The court had ordered house arrest on November but his release has been delayed. The NIA was "dragging its feet", his lawyer alleged.

The activist's medical condition argument "is a sham", the NIA said. "We have moved an application to vacate the previous order. The facts are really disturbing. Everyone started with a presumption that Gautam Navlakha was not well," Solicitor General Tushar Mehta said in court.

"He refused to go to three hospitals. Every time there was a health issue, he was taken to hospital, in some cases, he himself refused to go to hospital," he said.

The Supreme Court questioned whether the government wanted a review of its house arrest order.

'Discharging duty with heavy heart'

"I am discharging this duty with a heavy heart. There are several inmates... same age and same ailments... but they don't have any luxury of home arrest," said Mehta. "Your lordships were deliberately misled."

The anti-terror agency argued that the premise that was given for house arrest was a Communist Party of India (CPI) office.

Justice KM Joseph pointed out that the CPI was a recognised party of India. "What is the issue?" he questioned.

"If it does not shock you then what can I say," said the Solicitor General.

"No, it does not shock us," the Supreme Court replied.

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