Due to his medical condition, a bench led by Justice K. M. Joseph has ordered that 73-year-old human rights activist Gautam Navlakha, who is being held in connection with the Bhima Koregaon case, be transferred to house arrest within 48 hours. The order is temporary and will be reviewed in one month. The Supreme Court made the observation again when the counsel for the National Investigation Agency (NIA), Additional Solicitor General S. V. Raju, objected to the court's proposal to keep Navlakha under house arrest under strict conditions, claiming that people like him were a threat to national security and "wanted to destroy the country."

"He's been in custody since 2020. He was placed in house arrest in an earlier occasion...prima facie, no complaint that he misused earlier house arrest. No criminal antecedents apart from this case against him...We would think that we should allow to be house arrest, at least, to begin with, for a period of one month."

Navlakha had asked to be moved to his sister's house. However, as a result of some developments during the hearing, it was proposed that he arrange an alternate accommodation where he would reside with his 71-year-old companion. Sibal informed the court that he will be staying in a one-bedroom apartment on the first floor, above a public library. The NIA stated that the location would be inspected prior to his transfer.

Additional Solicitor General SV Raju, appearing for the NIA, stoutly opposed the application, stating that the crimes alleged go to the security of the nation. He argued that Navlakha has links with Kashmiri extremists, and thus, it would be difficult to monitor him under house arrest. ASG also submitted that Navlakha's condition has improved and he has no complaints at the moment.

The relief is subject to the following conditions; any deviation will be taken seriously and may result in the order being cancelled immediately:

• His house will be monitored (police officers will be stationed outside the house), and CCTV cameras will be installed outside the rooms as well as at the residence's entry and exit points.
• No permission to leave the house (except for walks with police personnel, during which he will not interact with anyone);
• no internet, laptop, or other means of communication;
• Phone calls will be permitted once a day for 10 minutes in the presence of the police on a mobile phone provided by the police.
• If not, he will not use any other phone, including the companion's. The companion's phone must not have internet access and must only be used to make calls and send SMS; she must not delete calls or SMS.
• The NIA can monitor his and the companion's phone calls.
• He is unable to leave Bombay.
• He can only have two family members visit him once a week for three hours (a list of family members must be provided to the NIA within three days).
• No electronic devices will be permitted, even if such visitors are permitted;
• He will be allowed to watch cable television and read newspapers.
• No contact with any of the case's witnesses;
• Permitted to meet with a lawyer in accordance with Jail Manual rules (names of lawyers must be forwarded to the NIA within three days);
• Inform the officers in the event of a medical emergency, who will transport him to a suitable hospital;
• Submit a local surety of Rs 2 lakh.

Case Detail

Gautam Navlakha v. National Investigation Agency & Anr.

SLP(Crl) No. 9216/2022 II-A