Elgaar Parishad case: Bombay HC seeks NIA’s response on Gautam Navlakha’s default bail plea

The activist had submitted that as per Section 167 of the Criminal Procedure Code (CrPC), the NIA had failed to file a chargesheet within the stipulated period and he had been in detention for over 90 days without the same, and therefore, he was entitled to be released on default bail.

On July 12, a special NIA court in Mumbai, however, rejected the default bail plea and said the period of his house arrest, as per High Court directions, could not be included in the period of detention.

Navlakha, lodged in Navi Mumbai’s Taloja jail, had surrendered before the NIA on April 14 this year. Between August 29 and October 1 in 2018, Navlakha had been kept under house arrest.

Additional Solicitor General Anil Singh, appearing for NIA, said while a criminal appeal against July 12 special NIA court order was to be filed within 30 days as per the law, but was filed after a delay.

Ahuja said it was filed with a delay of nearly two weeks and sought from the court to condone the delay and hear Navlakha’s appeal.
After hearing the submissions, the bench issued notice to NIA seeking its response to the plea and posted further hearing on September 15.