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SC stays HC proceedings over Navlakha’s bail plea

The NIA challenged the May 27 order by a single bench of the HC, which observed that prima facie it appeared that the NIA acted in “unseemly haste” and “frantic hurry” in “whisking away” Navlakha to Mumbai while his bail application was pending before it.

By: Express News Service | New Delhi | Published: June 3, 2020 5:25:09 am
Gautam Navlakha, elgaar parishad case, Bhima koregaon case, Mumbai, Pune, delhi tihar jail, Delhi High court, indian express Gautam Navlakha, who was lodged in Tihar jail, was shifted to Mumbai on May 25 for further probe in the FIR pending in Mumbai.

The Supreme Court on Tuesday stayed the proceedings before the Delhi High Court in connection with a bail application filed by activist Gautam Navlakha, who is facing charges under UAPA for alleged Maoist links following the violence in Bhima Koregaon.

Hearing a plea by the NIA challenging the HC order seeking records of proceedings before special courts in Delhi and Mumbai in the Bhima Koregaon case, a bench of Justices Arun Mishra, S Abdul Nazeer and Indira Banerjee issued notice to Navlakha and listed it for hearing after 15 days.

The NIA challenged the May 27 order by a single bench of the HC, which observed that prima facie it appeared that the NIA acted in “unseemly haste” and “frantic hurry” in “whisking away” Navlakha to Mumbai while his bail application was pending before it.

Navlakha, who was lodged in Tihar jail, was shifted to Mumbai on May 25 for further probe in the FIR pending in Mumbai.

The NIA said the single judge could not have entertained the interim bail application of an accused who is charged by an authority outside the territorial jurisdiction of Delhi HC and who is in judicial custody vide a valid jurisdictional remand order passed by the Special Judge, NIA, Mumbai, outside the HC’s territorial jurisdiction. It pointed out that the SC had already rejected his prayer for interim bail on medical grounds.

The plea said an interim bail or bail concerning the UAPA offence can be heard only by a HC division bench in appeal from the orders of the special judges.

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