The Bombay High Court on Tuesday indicated that it was inclined to grant relief to plea by activist Gautam Navlakha, arrested in the Elgaar Parishad case, seeking permission to reside in New Delhi during the pendency of the case.
The HC bench remarked that the person on bail and away from hometown at an “advanced age” of 73 “may feel lost” and “uprooted from his society and friends.”
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The court said there was no material to show Navlakha, a Delhi resident who was arrested on April 14, 2020, was at flight risk.
The court asked NIA to inform and specify by Wednesday the conditions that can be imposed on Navlakha so that agency’s apprehensions can be taken care of.
A division bench of Justices Bharati H Dangre and Shyam C Chandak on Tuesday was hearing a plea by Navlakha challenging the June 2025 order of a special court designated under the National Investigation Agency that had rejected him the relief.
Navlakha had claimed he was aggrieved by expenses and “high cost of living” in Mumbai, citing that he was financially dependent on friends and family since his release on bail. He sought to stay in Delhi as the trial in the case is yet to commence and is likely to take long to conclude.
“You (NIA) have to consider. A person may feel lost if it is not his home town and especially when he is at a particular (advanced age). You feel completely uprooted from society, your friend circle. But now he is a free man (out on bail) pending trial. So, what is your apprehension?” Justice Dangre remarked to the NIA lawyer.
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Advocate Yug Mohit Chaudhry for Navlakha said the septuagenarian, who is on bail for nearly two years, will go “bankrupt” if he continued to stay in Mumbai. Chaudhry said the trial in the case is “simply not beginning” and Navlakha’s discharge plea is not decided yet. Chaudhry said Navlakha had been attending all hearings and has reported to NIA office on regular basis and he cannot “afford to stay in Mumbai any longer” pending trial.
“If it continues like this, he will be bankrupt. A prosecution cannot become a persecution,” Chaudhry said, adding that his client will attend the trial court in Mumbai whenever required and can also attend other hearings from NIA office in Delhi through virtual mode.
However, Additional Solicitor General (ASG) Anil Singh and advocate Chintan Shah for NIA opposed the plea and argued that granting relief to Navlakha will set a precedent as majority of the accused in the case belonging to other states will seek similar relief and the same will “affect the entire process before trial court including the trial in future.”
Singh also said Navlakha can seek a relief from trial court to visit Delhi whenever he desires as the same was granted to him twice earlier.
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Justice Dangre, however, said the bench was not presently concerned about the other accused and it was satisfied that there was no “concrete material” to show that Navlakha was at “flight risk.”
“Look at a 73-year-old person. We can just imagine. It is not that we are permitting him to escape the clutches of law. Not at all… And we are making it clear, when the trial commences, and at every stage where his appearance is necessary, not a single day the trial will be adjourned on the count that he is not there,” the judge remarked.
The court asked NIA lawyer to specify the conditions it wanted to be imposed on Navlakha after consulting with its officers. “We have made up our mind that whatever conditions you want us to impose, we will do it,” the judge said.
The court granted a day’s time to NIA to respond on the same and posted further hearing to December 17 when it is likely to pass order on the plea.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
