Elgar case: HC says no harm in allowing accused Navlakha to shift to Delhi home till trial begins

Mumbai, Dec 16 The Bombay High Court on Tuesday said it was inclined to allow human rights activist Gautam Navlakha to shift to his house in Delhi till the trial in the Elgar Parishad Maoist links case begins.

Navlakha is not a "flight risk" as there have not been any instances where he tried to escape, the high court noted, adding that he felt he was forced to stay in Mumbai and also that he was completely uprooted from his life and his social circle.

Navlakha was granted bail in the case in 2023 by the high court but a condition was imposed on him that he shall not leave Mumbai without prior permission from the trial court.

This year, he filed an application before the special National Investigation Agency (NIA) court seeking permission to stay in Delhi as that was his hometown.

The court, however, refused the plea following which he moved the HC.

His counsel Yug Chaudhary in Tuesday told a bench of Justices Bharati Dangre and Shyam Chandak that Navlakha was 73-years-old now and has been living in Mumbai in rented premises since he got bail.

"He is originally from Delhi. He has a house there. He cannot afford to stay in Mumbai. The trial in the case is simply not beginning. If it continues like this then he will go bankrupt," Chaudhary said.

The senior counsel added that Navlakha would attend the trial in the case via video conference from the NIA's office in Delhi.

As and when the trial court directs or even the prosecutor asks, Navlakha would appear before the trial court physically.

The bench said while it was not going to allow Navlakha to attend the trial from Delhi but it was inclined to allow him to shift to Delhi until the trial begins.

"We are satisfied with the reasons shown in his plea and there is nothing to show that he is a flight risk. We have made up our mind," the HC said.

The court noted that there have not been any instances where Navlakha has attempted to flee.

"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 said.

"Consider his age...He feels completely uprooted from his life and his social circle. He is now free in the sense he is out on bail. Just imagine. It is not that we are permitting him to escape the clutches of law," Justice Dangre said.

The bench said the prosecuting agency NIA can specify what conditions need to be imposed on Navlakha and posted the matter for further hearing on Wednesday.

The NIA has accused Navlakha of being a co-conspirator who was involved in propagating Maoist activities and ideology under the instructions of leaders of the banned organisation, the CPI (Maoist).

The case relates to inciting people and giving provocative speeches during an Elgar Parishad event organised by the Kabir Kala Manch at Shaniwarwada in Pune on December 31, 2017, which promoted enmity between various caste groups and led to violence resulting in loss of life and property and statewide agitation in Maharashtra.

Initially, the Pune police registered a case in 2018 alleging that the accused were involved in provocative speeches triggering violence at Koregaon-Bhima in Pune district the next day. The case was later taken over by the NIA.

The Elgar Parishad case has seen the arrest of 16 people, including prominent lawyers, activists, and academics accused of furthering the cause of the banned CPI (Maoist).