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This is an archive article published on November 20, 2022

Released from jail, Navlakha reaches Navi Mumbai ‘home’

On Friday, the apex court had dismissed the National Investigation Agency (NIA)'s plea to vacate the November 10 order and directed the agency to comply within 24 hours, paving way for Navlakha's release.

Gautam Navlakha arrives at the building in Navi Mumbai, where he will be kept under house arrest, on Saturday. His partner, activist Sahba Husain, can be seen in picture. (Express Photo by Narendra Vaskar)Gautam Navlakha arrives at the building in Navi Mumbai, where he will be kept under house arrest, on Saturday. His partner, activist Sahba Husain, can be seen in picture. (Express Photo by Narendra Vaskar)

ACTIVIST-JOURNALIST Gautam Navlakha, an accused in the Elgaar Parishad case, was released from Taloja Central Jail on Saturday evening and placed under “house arrest” following the Supreme Court’s order on November 10.

Navlakha, who was arrested after he surrendered on April 14, 2020, had been behind bars since. He has been shifted to a community hall space in a building in Navi Mumbai, which will be “home” for the next month for him and his partner, Sahba Husain. The Supreme Court had directed that he be placed under house arrest for an interim period that will be reviewed and a decision on whether to continue it will be taken after a month.

On Friday, the apex court had dismissed the National Investigation Agency (NIA)’s plea to vacate the November 10 order and directed the agency to comply within 24 hours, paving way for Navlakha’s release.

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Following this, the NIA submitted a compliance report on Saturday before the special court in Mumbai through special public prosecutor Shrikant Sonkawade. The report stated that an open grill on the premises where Navlakha is staying will be locked and a second exit from the kitchen to the ground floor will be permanently locked during his stay. As per orders of the SC, CCTV cameras have been installed at the entry and exit points of the premises. After the compliance report was taken on record by the Mumbai court, a release order was issued.

“Accused number 11 Gautam Navlakha shall be sent under house arrest at the address mentioned… The commissioner of police, Navi Mumbai, shall provide the necessary escort for shifting of the accused and house arrest purpose for the safety and security of the accused,” special judge Rajesh Katariya said in his order on Saturday.

Among the conditions set for Navlakha’s house arrest are that he would pay for the police escorts guarding the premises. Navlakha had paid a demand draft of Rs 2.4 lakh to the Navi Mumbai police for the same. He has also been directed to install CCTV cameras.

While his partner can use a basic mobile phone with calling and SMS facility, it cannot have any Internet facility. It was submitted that there is also no objection to the surveillance of the phone calls being made on her phone. Navlakha has only been permitted use of a phone provided to him by the police personnel for 10 minutes in a day in their presence. Both Husain and Navlakha have been barred from using Internet and communicating devices and electronic gadgets like a computer, laptop, iPad.

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He has been permitted to meet two family members, once a week, for three hours. He can also meet a lawyer. Navlakha will also be allowed to walk outside in the company of police personnel as may be found necessary without conversing with any person. Navlakha and his partner can also use a television but not a smart TV, which is Internet based. He will also have access to newspapers.

Officers can carry out search or inspection of the premises.

“We make it clear that this should not be understood as meaning that such searches will be made which will amount to abuse and which is not justified by the clear need to make such searches. It should not be used to harass the petitioner,” the SC order dated November 10 stated.

Navlakha and 15 others were arrested in the Elgaar Parishad case from 2018 to 2020. Apart from Navlakha, Varavara Rao and Sudha Bharadwaj are out on bail. Academic Anand Teltumbde has been granted bail this week by the Bombay High Court, but it is stayed for two weeks for the NIA to appeal before the SC.

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