Bhima Koregaon case: Bombay HC reserves order on Navlakha’s bail plea

Navlakha had sought default bail as the investigating agency had failed to file a charge sheet within the stipulated period and he was in custody for 94 days

The Bombay high court (HC) on Wednesday concluded hearing arguments in the appeal filed by Gautam Navlakha, activist and accused in the Bhima Koregaon case against the rejection of his default bail plea by the special National Investigation Agency (NIA) court on July 12, 2020. Navlakha had sought default bail as the investigating agency had failed to file a charge sheet within the stipulated period and he was in custody for 94 days. The agency, however, claimed that the period of 34 days of Navlakha’s house arrest between August 29 and October 1, 2018, was termed illegal by the Delhi high court, hence it could not be included as part of the period of his detention.

Gautam Navlakha. (HT File)

A division bench of justice SS Shinde and justice MS Karnik, while hearing the appeal, was informed by senior counsel Kapil Sibal that the house arrest had restricted all movement and contacts of Navlakha, hence his plea for default bail under section 167 of the Criminal Procedure Code (CrPC) was valid. The court was further informed that though the Delhi HC had termed the detention illegal, Navlakha’s remand was to be considered from the date on which he was put under house arrest. It also submitted that after rectifying the technical lapses, which resulted in the Delhi HC terming the arrest illegal, Maharashtra Police had arrested Navlakha again, hence it was part of the same process.

However, additional solicitor-general SV Raju for the NIA opposed the claims stating that after the Delhi HC had deemed the period of detention from August 29 to October 1 as illegal, Navlakha was a free man in that period, hence it could not be considered while calculating the period of arrest. He also referred to judgements to bolster his arguments.

After hearing both sides, the court said that it had concluded hearing arguments in the appeal and directed both parties to submit their written submissions within a week and said that it would pass its orders in due course.

Navlakha had been kept under house arrest between August 29 and October 1, 2018. Later, on March 9, 2020, based on an order of the Supreme Court in his bail application he had surrendered to Maharashtra Police and was kept at Taloja jail.