The Maharashtra government Wednesday approached the Supreme Court, seeking a stay on the Delhi High Court’s decision setting aside the transit remand order for activist Gautam Navlakha and ending his house arrest.
In its appeal, the state said the High Court had erred in entertaining the petition, which sought a writ of Habeas Corpus, and said it was “clearly against the law laid down” by Supreme Court in earlier cases.
The High Court, it contended, also “erred in arriving at a conclusion that, there was non-application of mind by Chief Metropolitan Magistrate in passing the order of transit remand.”
The state pointed out that the magistrate, while passing the order of transit, had gone through the application filed by police and had heard the officer concerned. “It is not possible/ pragmatic to mention minute details while passing the order of remand,” it said. The state said even the petitioner had not sought such a relief.
The High Court had freed Navlakha from house arrest on October 1, five weeks after he and four others — Varavara Rao, Arun Ferreira, Vernon Gonsalves, Sudha Bharadwaj — were arrested during investigation into the meeting at Pune on the eve of the January 1 violence at Bhima Koregaon.