MUMBAI: The Bombay High Court on Tuesday said it was inclined to allow human rights activist Gautam Navlakha to shift to his house in Delhi until the trial in the Elgar Parishad-Bhima Koregaon violence case begins.
A division bench of justices Bharati Dangre and Shyam C Chandak directed the National Investigation Agency (NIA) to spell out the conditions it would want imposed if Navlakha is permitted to stay in Delhi. The court will hear his plea again today.
The court said, “The applicant (Navlakha) feels that he is forced to stay in Mumbai when his house is in Delhi. He has assured that he will come back to Mumbai when the trial begins.” The court added that there have not been any instances where Navlakha has attempted to flee. “He feels completely uprooted from his life and his social circle,” the judges said, adding that he is ‘free’ since he is out on bail.
Navlakha, who was granted bail in the case in 2023, had approached the high court after a special NIA court rejected his request on June 19 this year to relocate to Delhi. Under his bail conditions, he is required to remain within the territorial jurisdiction of the special NIA court in Mumbai, making court permission necessary for any shift.
In his plea, Navlakha said that continuing to live in Mumbai had become financially burdensome. He said that he is a Delhi resident, with his permanent home, work, and social support system based there, where he earlier lived with his partner. He also pointed out that he and his partner had struggled to find accommodation in Mumbai due to the ongoing case.
Senior advocate Yug Chaudhary representing Navlakha, told the court that his client has been living in rented accommodation since his release on bail. “He is originally from Delhi and has a house there. He cannot afford to stay in Mumbai. The trial in the case is not beginning and if it continues like this then he will go bankrupt,” Chaudhary said.
The counsel also assured the court that Navlakha would attend trial proceedings as directed and appear physically whenever required. He also suggested that appearances could be made via video conferencing from the NIA office in Delhi, if permitted.
While the bench said it was not inclined to allow Navlakha to participate in the trial from Delhi, the court made it clear that it was open to allowing him to shift to the national capital until the trial begins. The court directed the NIA to outline the conditions to be imposed on him and posted the matter for further hearing on Wednesday.
Navlakha is accused of being a co-conspirator who was involved in propagating Maoist activities and ideology under the instructions of leaders of the banned Communist Party of India (Maoist). He is one of 16 people arrested in connection with the violence that broke out at the Bhima Koregaon village in Pune on January 1, 2018 during an event to commemorate the 200th anniversary of the Battle of Bhima Koregaon, in which a Dalit-dominated army fighting for the British East India Company defeated Maratha ruler Bajirao Peshwa.
The violence occurred a day after the Elgar Parishad, a conclave organised by several non-profit groups at Pune’s Shaniwar Wada. Several activists, researchers, and scholars were arrested under the Unlawful Activities Prevention Act, 1967, with authorities alleging that speeches at the conclave had incited violence and promoted Maoist activities.