In a recent development, the Supreme Court of India expressed doubts regarding its November 2022 order that allowed human rights activist and Bhima Koregaon-accused Gautam Navlakha to be released from detention and placed under house arrest due to his deteriorating health.

A bench consisting of Justices MM Sundresh and JB Pardiwala was considering Navlakha's application to change his house arrest location in Mumbai. Navlakha has been in custody since August 2018, accused of offenses under the Unlawful Activities (Prevention) Act, 1967, in connection with the 2018 caste-based violence in Bhima Koregaon, Pune, and alleged involvement with the proscribed far-left outfit Communist Party of India (Maoists) and conspiring to overthrow the government.

The court agreed to adjourn the hearing for eight weeks, citing the National Investigation Agency's failure to file a counter-affidavit in response to Navlakha's request to change his house arrest location. Navlakha's urgency in this matter was emphasized, as he needed to vacate his current residence soon. Additional Solicitor-General SV Raju reiterated the central agency's concerns about the house arrest order, calling it unusual and costly.

Justice Sundresh expressed reservations about the earlier order, suggesting that it might set a wrong precedent. The court did not delve into the merits of the case but acknowledged the need to consider the potential implications of the order. The matter will be heard after the NIA submits its counter-affidavit.

During the hearing, ASG Raju claimed that Navlakha was required to pay one crore for round-the-clock surveillance at his house arrest location. However, Senior Advocate Nitya Ramakrishnan disputed this figure, arguing that the calculation was incorrect and contrary to the relevant rules. She informed the court that Navlakha had already deposited eight lakhs as per the court's previous order in April.

Background 

Gautam Navlakha, along with 15 others, has been accused by the NIA of responsibility for the January 2018 caste violence in Bhima Koregaon, Pune. The NIA alleges that inflammatory speeches at Elgar Parishad triggered the clashes between Maratha and Dalit groups. The activists face charges under the Unlawful Activities (Prevention) Act based on letters and emails retrieved from their electronic devices.

In November 2022, the Supreme Court allowed Navlakha's appeal to shift from prison to house arrest, subject to strict conditions. The court also dismissed the NIA's application to vacate the order. Navlakha is still under house arrest in Mumbai, and his case is ongoing in the Bombay High Court.

In summary, the Supreme Court's recent doubts about its earlier house arrest order for Gautam Navlakha have led to an eight-week adjournment, with concerns about setting a precedent and disputes over surveillance expenses. The case remains a focal point of legal and human rights discussions in India.

Case Title: Navlakha v. National Investigation Agency: Special Leave Petition (Criminal) No. 9216 of 2022