The Bombay High Court takes a significant step in the ongoing Bhima Koregaon violence case by issuing notice to the National Investigation Agency (NIA) regarding activist Gautam Navlakha's bail plea. The division bench, comprising Justices AS Gadkari and SG Dige, directed the NIA to respond to Navlakha's plea challenging the special court's rejection of his regular bail application.
Crucial Direction:
The High Court emphasized the importance of accurate record-keeping and instructed the lawyers to ensure that all dates related to the case are correctly placed on record, as the bail plea had been heard twice by the special court.
Observations of the Special Court:
The special NIA court had previously rejected Navlakha's plea but was directed by the High Court to re-hear it. In its order, the special court labeled Navlakha as a member of the banned terrorist organization, Communist Party of India (Maoist), which allegedly attacked and killed government security forces. The court found reasonable grounds to believe that the accusations against Navlakha were prima facie true.
Navlakha's Appeal:
Gautam Navlakha, through his advocate Yug Mohit Chaudhary, filed an appeal arguing that the special judge had made erroneous conclusions in rejecting his plea. He contended that the characterization of him as a member of a banned terrorist group was both incorrect and unwarranted. Navlakha seeks the quashing of the bail order and urges the court to grant him release on bail.
Previous Legal Proceedings:
Navlakha had previously approached the High Court after his regular bail plea was denied by the special NIA court in September of last year. The NIA opposed his bail plea, alleging that he had been introduced to a Pakistan Inter-Services Intelligence (ISI) General for recruitment, indicating a nexus with the organization. However, the High Court found the reasoning in the special court's order to be lacking in analysis of the prosecution's evidence.
High Court's Decision:
Due to the inadequate analysis in the special court's order, the High Court decided to remand the case back to the court, directing the special judge to conduct a fresh hearing and conclude it within four weeks.
Current Status:
Navlakha, who was arrested in August 2018, has been under house arrest since November 10, 2022, following the Supreme Court's decision. This recent appeal marks Navlakha's second attempt to secure regular bail in the High Court.
The Bombay High Court's engagement in this case highlights the importance of thorough examination and adherence to legal procedures, ensuring justice is served in the Bhima Koregaon violence case.
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