Elgar Parishad case: HC rejects Gautam Navlakha’s plea for house arrest

The division bench of justice Sunil Shukre and justice G A Sanap, however, directed the superintendent of Taloja jail to carry out Navlakha’s regular medical check-up.

Mumbai: The Bombay high court on Tuesday dismissed the petition filed by human rights activist Gautam Navlakha, an accused in the Elgar Parishad-Bhima Koregaon violence case, seeking to be placed under house arrest due to his failing health and lack of proper medical facilities in Taloja jail.

The petitioner claimed that the Taloja jail sorely lacked infrastructure and manpower, and was incapable of caring for ailing and elderly inmates, such as him. (AP)

The division bench of justice Sunil Shukre and justice G A Sanap, however, directed the superintendent of Taloja jail to carry out Navlakha’s regular medical check-up.

Navlakha, arrested on August 28, 2018, from his residence in New Delhi, had moved the petition through advocates Yug Chaudhry and Payoshi Roy claiming relief on the grounds of his advanced age and the fact that he had a lump in his chest.

The petitioner claimed that the Taloja jail sorely lacked infrastructure and manpower, and was incapable of caring for ailing and elderly inmates, such as him.

The 70-year-old had also relied upon a Supreme Court judgement holding that in appropriate cases, the courts can order house arrests considering the age of the accused, his health, and antecedents. Navlakha asserted that he met the criteria.

His counsels stated that they had written to Taloja jail authorities seeking medical examination, but had not heard anything from them, though the lump need to be checked for cancer. They also said that Navlakha suffers from hypertension as well.

National Investigation Agency (NIA) had earlier opposed the plea contending that if the court allowed Navlakha’s request, it would open the floodgates as there are thousands of jail inmates above 70 and also suffering from several ailments. Additional solicitor general Anil Singh had submitted that Navlakha was indirectly trying for bail under the garb of house arrest.

Maharashtra government, too, had opposed Navlakha’s plea and told the court that the jail authorities will provide requisite medical care to the activist. The state counsel, Sangeeta Shinde, had refuted the allegations of denial of basic medical care and other necessities made by Navlakha against the prison authorities.