Lawstreet Journal

Gautam Navlakha's Plea to Consider Period of Unlawful Custody for Default Bail To be heard by SC on March 22

Lawstreet Journal 19 Mar 2021 8:00pm

Image courtesy: Lawstreet Journal Judiciary Gautam Navlakha's Plea to Consider Period of Unlawful Custody for Default Bail To be heard by SC on March 22

A petition has been filed by activist Gautam Navlakha challenging the Bombay High Courtjudgment which rejected his plea that he should be granted default bail by computing his 34-day period of house arrest in 2018. A division bench comprising Justices UU Lalit and KM Joseph of the Supreme Court on Monday said that it will hear on March 22(Monday). The hearing has been adjourned on Monday at the request of the National Investigation Agency for filing a counter affidavit to Navlakha's plea.

“It is only a question of law whether the house-arrest period is to be included for the purposes of Section 167 CrPC,” Justice Lalit added directing the NIA to file the counter-affidavit by March 19.
 

Though Senior Advocate Kapil Sibal, appearing for Navlakha, submitted that a counter-affidavit may not be necessary as the matter involves only a question of law, the bench accepted the request made by Additional Solicitor General S V Raju for time to file counter-affidavit. 

Because the man is under custody, you have to expedite the process. We will have it next Monday,” Justice Lalit told the ASG.

BOMBAY HC JUDGMENT:

The Bombay High Court on 8th February had held that the 34-day house arrest of Navlakha cannot be included for computing the period for filing chargesheet for the purposes of default bail.

The court noted that the period of house arrest was held to be unlawful custody by the Delhi High Court on account of breach of mandatory conditions for arrest and remand but such period of unlawful custody… Continue Reading...


Tagged: Bhima Koregaon  
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