Elgar Parishad case: SC may hear Gautam Navlakha’s bail plea this Wednesday

The activist has sought bail on the ground that the National Investigation Agency (NIA), which is probing the case against him, has failed to file the charge sheet within the stipulated period of 90 days

The Supreme Court is likely to hear on Wednesday a petition filed by civil rights activist Gautam Navlakha seeking default bail in the Elgar Parishad case where he is named as an accused for inciting violence in Bhima-Koregaon in January 2018.

Srinagar, India - December 06: Human Rights Activists Gautam Navlakha speaks after displaying a report by two human rights groups during a press conference, in Srinagar, India, on Thursday, December 06, 2012. Human Rights groups released the names of 500 people, including 235 army personnels and 31 pro-government militants, for their alleged involvement in incidents of rights violations in Jammu and Kashmir during the last 20 years. (Photo by Waseem Andrabi/ Hindustan Times)

Navlakha, in his petition filed through advocate Shadan Farasat, has sought bail on the ground that the National Investigation Agency (NIA), which is probing the case against him, has failed to file the charge sheet within the stipulated period of 90 days. This period has been prescribed under Section 167(2) of the Code of Criminal Procedure (CrPC).

The activist, who is facing serious charges under the Unlawful Activities (Prevention) Act for his alleged links with banned Maoist organisation – Communist Party of India (Maoist) – had earlier approached the Bombay high court, stating that the period of 90 days got over and the NIA, which took over the probe in January last year, had failed to file the final report of investigation before the trial court.

In the high court, Navlakha had said that the period of detention under house arrest should be calculated as part of the custody period faced by him for the purposes of Section 167(2) CrPC. The HC on February 8 refused to accept this plea. It stated in its order that the order of keeping him under house arrest was already declared “illegal” by the Delhi high court and hence, this unlawful detention cannot be added under the period of arrest. Navlakha has challenged this finding in the top court.

According to the Supreme Court website, the case is listed for hearing before a three-judge bench comprising Justices UU Lalit, Indira Banerjee and KM Joseph on Wednesday.

Navlakha was first arrested in connected with this case in August 2018 when the case was probed by the Maharashtra Police. After NIA took over the probe, he had to surrender in April 2020. According to Navlakha, he was in house arrest for a period of 34 days beginning August 28, 2018. On October 10, 2018, the Delhi high court set aside the order of the magistrate placing him under house arrest as illegal. During the period of house arrest, he was not allowed to meet anybody and even the NIA did not have access to him.

The HC, while noting these facts, said, “It is not possible for us to fathom a situation where detention of the appellant (Navlakha) though held to be illegal and unlawful rendering the authorisation by the magistrate untenable should still be construed as an authorised detention for the purpose of Section 167(2) of the Code of Criminal Procedure.” Further, the HC observed that the period of house arrest from August 28-October 10, 2018 cannot be treated as detention for purposes of investigation that resulted in deprivation of his personal liberty.