Elgar Parishad case: Navlakha had nexus with ISI: NIA

Mumbai Opposing the bail application of Elgar Parishad case accused Gautam Navlakha, the National Investigation Agency (NIA) filed an affidavit in the Bombay high court stating that relief cannot be granted because the accused’s actions are against the interest of the State and the society

Mumbai Opposing the bail application of Elgar Parishad case accused Gautam Navlakha, the National Investigation Agency (NIA) filed an affidavit in the Bombay high court stating that relief cannot be granted because the accused’s actions are against the interest of the State and the society.

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The NIA has stated that it had evidence to show that Navlakha was encouraging Kashmiri separatist movement by giving speeches on different forums on the issue and was also in touch with an alleged agent of Pakistan’s ISI. Navlakha had also sought clemency for the ISI agent by writing to a US judge, who was conducting trial of the agent, thus showing that he had a nexus and complicity with ISI.

The agency stated that the averments made in the bail application by Navlakha that he was falsely implicated do not withstand factual aspects as it is interpreted by the accused on his own assumptions.

In November 2022, Navlakha had approached the HC with an appeal challenging a special NIA court’s order that rejected his bail application in September last year. He sought setting aside of the special court order calling it arbitrary. Navlakha was arrested on April 14, 2020 after he surrendered in the Elgar Parishad case.

The NIA affidavit filed through Vikram Khalate, deputy inspector general, was tendered before the division bench of justice A S Gadkari and justice P D Naik by advocate Sandeh Patil for NIA on Monday. The bench had taken the affidavit on record and posted hearing of the application to February 27.

The affidavit had stated that Navlakha was introduced to Pakistani ISI general for his recruitment by one Ghulam Nabi Fai, an ISI agent held in USA. “Navlakha had visited the USA three times to address ‘Kashmiri American Council’ Conference organised by Ghulam Nabi Fai, who was arrested by the Federal Bureau of Investigation (FBI) in July 2011 for accepting funds from ISI and Pakistan government.

“Navlakha had written a letter to the judge of a US court trying the case for clemency. Navlakha was introduced to a Pakistan ISI general for his recruitment by Fai on the direction of ISI showing his nexus and complicity with Fai and ISI,” stated the affidavit.

The central agency also claimed that apart from the Kashmir movement, Navlakha also gave speeches at different forums and programmes on the Maoist movement. Though he tried to trivialise the issues, the documents seized from him seemed to be strategic documents on the formation of the Communist Party of India (Maoist), which showed his deep involvement in the activities of the party.

“Navlakha is trying to portray his criminal activities as work for human rights by the fact that there should be a clear distinction between preaching and committing offence itself. The act committed by Navlakha had a direct impact on the unity, integrity and sovereignty of India,” stated the affidavit.

The affidavit further stated that Navlakha was assigned with the task to unite intellectuals against government forces to defeat them physically and otherwise and hence, sought dismissal of his bail application.