Bhima Koregaon case: SC allows plea by Navlakha, grants house arrest for month

Navlakha, who is facing UAPA charges in connection with the case, is lodged in Taloja jail near Mumbai. Seeking transfer to house arrest, he had said he would stay with his sister, Mridula Kothari, in Mumbai.

The NIA pointed out that one of the doctors who had signed the medical report submitted by Navlakha was Mridula’s husband, Dr S Kothari, a senior doctor at Jaslok Hospital.

Additional Solicitor General S V Raju, appearing for the NIA, said Navlakha had pressed for being examined at Jaslok Hospital, knowing that his brother-in-law was there. Contending that there is an element of bias and possibility of the report being tainted, he urged the court to order a fresh independent assessment.

Senior Advocate Kapil Sibal, appearing for Navlakha, said the report was backed by scientific examination by other doctors.

Agreeing with the view, the bench said that considering Navlakha’s health, he may not be unjustified in requesting house arrest.

Following the questions raised by NIA about the medical report, Sibal said Navlakha would stay with his partner, Sahba Husain, and not his sister. The court allowed this.

With the court resolving to allow house arrest, the NIA suggested some restrictions. Agreeing with most of the suggestions, the court asked the agency to “carry out necessary evaluation of the premises” before Navlakha is shifted.

The order said the agency was “free to deploy appropriate police personnel” to monitor and prevent any misuse of the house arrest, and asked Navlakha to deposit Rs 2.4 lakh as estimated expenses for his security.

Imposing the conditions, the court told Sibal: “You must realise one thing. This is not a case of theft of ordinary crime… Nature of the crime, we can’t say it’s not a serious crime… That’s a fact you have to face”.

“Petitioner will not use a computer, Internet or any other communication device while under house arrest. He will, however, be permitted to use a mobile phone without Internet, provided by police personnel on duty, once a day for 10 minutes in the presence of the police,” the bench said. He should not use any other phone including that of his companion, which should be a basic phone without Internet connectivity, it said.

The court said the NIA could carry out surveillance and record calls on the companion’s phone, and she should not delete details of calls or messages from her phone.

Sibal said Navlakha has a house in Delhi, but the court said he would not be allowed to leave Mumbai or Navi Mumbai.

He can meet two members of his family for three hours a week, details of whom should be provided to the NIA. No electronic gadgets such as phones, iPads and laptops would be allowed inside the house even when the visitors call on him, it said.

While the NIA sought permission to install CCTV cameras inside the rooms, the court allowed them to be installed at the entrance and outside each room. The bench said the cameras should be in working condition throughout and should not be rendered ineffective at any time. The entire expense for maintaining them would be borne by Navlakha, it said.

“We observe that the petitioner and companion are expected to scrupulously adhere to all conditions. Any deviation will be viewed seriously and may entail immediate cancellation of the order,” the bench said.

The case relates to alleged inflammatory speeches made at the Elgaar Parishad conclave held in Pune on December 31, 2017, which the police claim triggered violence the next day near the Koregaon-Bhima war memorial. The Pune police had claimed the conclave was organised by people with Maoist links. The NIA later took over the probe.