Elgar Parishad case: Proof against Navlakha is his own articles, HC told
The bench was further informed that the applicant was criticised by the government as well as the Maoists for his critical articles were a sure sign of his independence.
Mumbai: The Bombay high court, while hearing the regular bail application of Elgar Parishad accused Gautam Navlakha, was informed that the incriminating evidence showing his connection with the banned CPI (Maoist) group was the articles which he had written as a journalist. The bench was further informed that the applicant was criticised by the government as well as the Maoists for his critical articles were a sure sign of his independence.
The division bench of justice AS Gadkari and justice P D Naik while hearing Navlakha’s application was informed by advocate Yug Choudhary that after the 74-year-old had surrendered in 2020, the National Investigation Agency (NIA) filed a chargesheet but there was not a single allegation against Navlakha of committing any act of violence hence no relevant offences punishable under the Unlawful Activities (Prevention) Act were made out against him.
Earlier in the month, the NIA in its affidavit to oppose the bail application had claimed that Navlakha had a nexus with ISI and was in touch with an ISI agent who was held in the US and had also been introduced to a Pakistani ISI General for his recruitment. In light of this, the agency had claimed that reliefs sought by Navlakha on constitutional grounds could not be allowed as his acts were against the interest of the state and society.
While refuting the NIA’s claim in its affidavit that the documents seized from co-accused Rona Wilson incriminated Navlakha and also showed his complicity in Maoist activities, Choudhary submitted, “Navlakha was a signatory to a letter condemning the Maoists for blowing up a rail track.”
Choudhary further submitted that Navlakha had written articles critical of Maoist violence but the NIA in its chargesheet had alleged that because he always possessed the Maoist Constitution, he was promoting their activities. “I am a writer and a scholar. One thing is clear, he’s not a member of the Maoists group. At least they don’t believe he is,” Choudhary added.
He also referred to a document wherein the Maoists called Navlakha a government agent and said, “One of the surest signs of independence is when you are criticised and attacked by both sides.”
The bench was then told that as the trial in the Elgar Parishad case was not going to commence soon hence Navlakha should be released on bail. Chaudhry will continue his arguments on Tuesday, February 28.
