Bombay High Court allows Gautam Navlakha to shift from Mumbai to Delhi during pendency of Elgaar Parishad case

The court imposed conditions on Navlakha, requiring him to report to the Kalkaji police station, near his residence in Delhi, every Saturday. He is also directed to appear before the special court designated under the National Investigation Agency (NIA) Act for the framing of charges and on all crucial dates when the trial court requires his presence, unless he is exempted from appearing.

“We are conscious that you are entitled to your liberty (since out on bail), but you are not a free man yet, so reporting once a week is not very difficult,” the bench orally remarked.

In December 2023, the HC granted bail to Navlakha and directed him not to leave the Mumbai court’s jurisdiction without permission. The Bombay HC order was confirmed by the Supreme Court in May 2024, following which Navlakha was released and now resides with his partner, Sahba Husain, in Mumbai.

The HC bench Tuesday indicated that it was inclined to grant relief and remarked that the person on bail and away from his hometown at an “advanced age” of 73 may feel “lost and uprooted from his society and friends”. It also observed that there was no material to show that Navlakha was a flight risk.

Advocate Yug Mohit Chaudhry for Navlakha claimed that Navlakha was aggrieved by expenses and “high cost of living” in Mumbai, citing that he was financially dependent on friends and family since his release on bail. He sought to remain in Delhi because the trial in the case had not yet commenced and was likely to take a long time to conclude.

Additional Solicitor General (ASG) Anil Singh and advocate Chintan Shah for the NIA, however, opposed the plea and argued that granting relief to Navlakha will set a precedent, as the majority of the accused in the case belong to other states and will seek similar relief. They said it will affect the entire process before the trial court, including the trial in future.

The judges said the detailed order will be made available in due course.

Elgaar Parishad case and charges against Gautam Navlakha

The case originates from a meeting held on December 31, 2017, in Pune. Authorities allege that inflammatory speeches made there incited caste violence at the Bhima Koregaon war memorial the following day.

Navlakha is accused of being a co-conspirator who worked with the banned CPI (Maoist) to propagate Maoist ideology and destabilise the government. He is charged under various sections of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC), including conspiracy, sedition, and waging war against the state.

Navlakha was arrested in April 2020 after initially being placed under house arrest in 2018.

Due to his advancing age and health issues, the Supreme Court transferred him from the Taloja prison in Navi Mumbai to house arrest in November 2022. He was ordered to pay Rs 20 lakh to the NIA to cover the costs of his round-the-clock surveillance.

In May 2024, the Supreme Court granted him regular bail, subject to the condition that he remain in Mumbai.