'Place Gautam Navlakha under house arrest in 24 hours', Supreme Court junks NIA petition

New Delhi, November 18

The Supreme Court on Friday rejected the NIA’s plea against shifting Elgar Parishad-Maoist link case accused Gautam Navlakha from jail to house arrest even as it ordered certain additional safeguards, including installation of more CCTV cameras.

A Bench led by Justice KM Joseph, which had on November 10 allowed Navlakha (70) to be placed under house arrest on health grounds and later waived the requirement of a solvency certificate for him to be shifted from Navi Mumbai’s Taloja prison, said its order had to be implemented in 24 hours.

“The order of November 10 shall be given effect within 24 hours from the date of the receipt of a copy of this order,” said the Bench, which also included Justice Hrishikesh Roy.

“Do not bring in conditions to say that with your entire police force, you cannot keep a watch on an ailing 70-year-old,” the Bench remarked.

The NIA had objected to the fact that the premises where Navlakha wanted to be kept during his house arrest belonged to the Communist Party of India. Solicitor General Tushar Mehta and Additional Solicitor General SV Raju alleged that the accused deliberately suppressed material facts which amounted to an abuse of the process of law. They also alleged bias in the medical report on which the court’s order for Navlakha’s house arrest was based.

“The Communist Party is a recognised party of India. What is the issue?” Justice Joseph asked Mehta, who said, “If it does not shock you, then what can I say?”

Making it clear that it did not shock the top court, the Bench went on to add certain additional safeguards suggested by the probe agency and said the order had to be implemented in 24 hours.

On behalf of Navlakha, senior counsel Nitya Ramakrishnan submitted that despite the top court’s November 10 order, the accused had not been shifted to house arrest.

In its November 10 order, the top court had said, “The petitioner will not use a computer, Internet or any other communication device while under house arrest. He will, however, be permitted to use a mobile phone without the Internet, provided by police personnel on duty, once a day for 10 minutes in the presence of the police.” On Friday, the Bench reiterated that there shall be a strict bar on the use of the Internet and if there was any violation of the condition, the NIA could approach it again. — TNS

Install more CCTV cameras

• NIA had opposed house arrest saying the premises where he wanted to be kept belonged to the CPI
• Top court orders certain additional safeguards, including installation of more CCTV cameras

What the Bench said

• “Do not say that with your entire police force, you can’t keep a watch on an ailing 70-year-old.”