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HC seeks NIA’s response to Navlakha’s plea to reside in Delhi during pendency of Elgaar Parishad case

The special court designated under the National Investigation Agency (NIA) Act in June this year had rejected Navlakha's plea, after which he approached the HC in July this year challenging the same.

Elgaar Parishad case accused Gautam Navlakha taking a morning walk under heavy security in Navi Mumbai. (Express Archive/Narendra Vaskar)Elgaar Parishad case accused Gautam Navlakha taking a morning walk under heavy security in Navi Mumbai. (Express Archive/Narendra Vaskar)

The Bombay High Court has issued a notice to NIA seeking its reply to an appeal filed by activist Gautam Navlakha, arrested in the Elgaar Parishad case against special court’s rejection of his plea seeking permission to reside in New Delhi during the pendency of the case.

The special court designated under the National Investigation Agency (NIA) Act in June this year had rejected Navlakha’s plea, after which he approached the HC in July this year challenging the same.  The septuagenarian Delhi resident was arrested in the case on April 14, 2020.

The HC bench headed by Justice Ajey S Gadkari had in December 2023 granted bail to Navlakha and as a part of the bail conditions, had directed him not to leave the jurisdiction of the Mumbai court without permission. The Bombay HC order was confirmed by the Supreme Court in May 2024, following which he was released. Navlakha resides with his partner Sahba Husain in Mumbai.

Special Judge C S Baviskar had held that while the court had allowed Navlakha to travel from time to time, granting approval to permanently reside in Delhi was beyond its purview as the bail conditions were laid down by the HC. Navlakha had claimed that he was aggravated by expenses and increased finances and “high cost of living” in Mumbai, citing that he was financially dependent on friends and family since his release on bail. Therefore, he sought to stay in Delhi as the trial in the case is yet to commence and is likely to take long to conclude as it involves over 350 witnesses and chargesheet of nearly 20, 000 pages across over 50 volumes.

He also said that living in Delhi would give him access to doctors to look after his ailments and family support and he has not violated any bail conditions so far and his passport is also deposited with the NIA.

After the special court rejected his plea, Navlakha approached HC through advocate Yug Mohit Chaudhry and stated that he will cooperate with the trial and remain present before the court as and when required and would ensure no delay in the trial. He also sought that he may be permitted to attend court proceedings through virtual mode unless his personal presence is required.

A bench of Justices Gadkari and Ranjitsinha R Bhonsale on Friday issued notice to NIA seeking its reply by next hearing on November 7.

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The special court in August this year had also rejected Navlakha’s plea seeking permission to stay in Delhi for 45 days to visit his 86-year-old sister and for other purposes.

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