Bhima Koregaon case: Gautam Navlakha granted house arrest, but SC sets conditions

New Delhi, Nov 10: The Supreme Court Thursday allowed activist Gautam Navlakha, who is incarcerated in connection with the Elgar Parishad-Maoist link case, to be placed under house arrest for a period of one month.

The apex court asked Navlakha to deposit an amount of Rs 2.4 lakh as expenses for his security cover when he is under house arrest. It also directed authorities to carry out the necessary evaluation of the premises where Navlakha will be placed under house arrest, and shift him within 48 hours.

A bench of justices K M Joseph and Hrishikesh Roy passed the order with some conditions set for his house arrest that include:

Navlakha shall not be permitted to use computer, internet or any other communication device while under house arrest.

Navlakha can use mobile phone without internet provided by police personnel on duty once a day for 10 minutes in the presence of the police.

It, however, said that television and newspapers will be allowed in the house provided they are not internet based.

The Court also ordered that there should be CCTVs at entrance exit and and outside the rooms of the residence.

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.

"He is a 70-year-old man. We don't know how long he will live. Certainly, he is going towards the inevitable. It's not that we are going to release him on bail. He is not going to enjoy the default bail which comrade Sudha (Bharadwaj) got... We are conscious that we have to tread carefully. We agree that house arrest as an alternative has to be used carefully...

"We are concerned about what restriction would you like to place. Place whatever restrictions. It's not that he is going to destroy the country... At least let him remain in house arrest for a few days. Let's try to work it out," the bench said.

Senior advocate Kapil Sibal, appearing for Navlakha, said the medical reports show that there's no possibility of him being treated in jail, as reported by PTI.

"There's no way in the world you can get this kind of treatment/monitoring done in jail. He's had alarming weight loss. This kind of treatment is not possible in jail," Sibal said.

Additional Solicitor General S V Raju, appearing for the NIA, submitted that there is nothing wrong with Navlakha.

"We will provide mattress and cot everything. We will allow him to bring home food also," he said.

The top court on September 29 had directed the Taloja jail superintendent to immediately shift Navlakha to Mumbai's Jaslok hospital for treatment.

It had said receiving medical treatment is a fundamental right of a prisoner.

The activist appealed to the apex court against the April 26 order of the Bombay High Court dismissing his plea for house arrest over apprehensions of lack of adequate medical and other basic facilities in Taloja jail near Mumbai where he is lodged.