Court rejects Navlakha’s plea for nod to reside in Delhi during pendency of case

The Delhi resident had cited expenses and increased finances while seeking permission to move to the city. The trial in the case is yet to begin.

The special court, where the trial of the case will be held, said that while it had allowed Navlakha to travel from time to time, granting permission to reside in Delhi permanently is a decision beyond its jurisdiction, since the condition was set by the high court.

“The Honourable Bombay High court has not granted discretion to this court to allow the applicant/accused (Navlakha) to reside permanently outside the jurisdiction of the Hon’ble Bombay High Court… granting permission to the accused to travel beyond the jurisdiction of the court is different thing and allowing him to reside permanently beyond the jurisdiction of the court is entirely different. Since the Honourable High Court has not granted such liberty to the applicant/accused or this court as well, this unnecessary application deserves to be rejected,” special judge C S Baviskar said in his order.

The 72-year-old Navlakha, who resides in Mumbai on rent with his 73-year-old partner Sahba Husain, had moved a plea in April before the special court that he has been unemployed and financially dependent on friends and family since his release on bail in May 2024.

Navlakha was arrested on April 14, 2020 by the National Investigation Agency (NIA) and granted bail by the Bombay High Court on December 19, 2023, which was confirmed by the Supreme Court in May 2024, following which he was released.

In his plea, Navlakha had submitted that the trial will take long to conclude for which he requires finances and hence it is “crucial for him to be employed and financially stable”.

He had said that he will undertake to remain present before the court as and when required and will not cause any delay in the trial. The NIA had opposed the plea.