Supreme Court stays Gautam Navlakha 's case before the High Court of Delhi

Team SoOLEGAL 3 Jun 2020 4:37pm

Supreme Court stays Gautam Navlakha 's case before the High Court of Delhi

On Tuesday, 2nd June, 2020, The Supreme Court stayed the case before Delhi High Court on Tuesday in the bail proceedings of Gautam Navlakha.

The Court heard the National Investigation Agency’s appeal (NIA) against a Delhi High Court order of 27th May ordering the agency to file a full record of the proceedings before the NIA Special Judges on the grounds of which he was transferred to Mumbai.

Navlakha was informed by a bench comprising of Justice Arun Mishra, Justice Abdul Nazeer and Justice Indira Banerjee, seeking his reply and posting the case for further hearing on 15 June.

Solicitor General Tushar Mehta appeared for the appellant, arguing that the Delhi High Court's order was patently unconstitutional and without jurisdiction.

The NIA has confirmed that, “Ld. Single Judge, vide the aforementioned impugned interim order, wrongly continues to entertain the Hon'ble High Court's territorial jurisdiction, and who is currently in judicial custody vide a legitimate remand order passed by the Ld. NIA Special Judge, Mumbai, outside the jurisdiction of the Delhi High Court.”

The High Court also requested that the NIA Investigating Officer to participate in the hearing through video conferencing. When Solicitor General Tushar Mehta had resisted this request, the Court rejected it and, within an hour, proceeded to direct the appearance of the IO. In the case registered under the Unlawful Activities Prevention Act alleging Maoist links in connection with Bhima Koregaon crime, the top court had previously denied anticipatory bail to activists Gautam Navlakha and Anand Teltumbde, on March 16th.

In the wake of the COVID-19 pandemic, Navlakha subsequently surrendered to the National Investigation Agency (NIA) here on April 14 after the Supreme Court had declined to extend his appeal.

The case concerns the violent incidents that took place in Bhima Koregaon, near Pune during the Dalit organizations’ commemoration on 1st January 2018 of 200th anniversary of the Koregaon War victory. The Pune police alleged that the Elgaar Parishad meeting held the previous day in Pune had incited violence.

The meeting was reportedly orchestrated by individuals who had connection with outlawed Maoist organizations. Police had made the first round of arrests in June 2018. The persons arrested were anti-caste activist Sudhir Dhawale, human rights lawyer Surendra Gadling, forest rights law activist Mahesh Raut, retired English professor Shoma Sen and human rights activist Rona Wilson, an activist with the Political Prisoners Release Committee. Later, activist and lawyer Sudha Bharadwaj, poet Varavara Rao from Andhra Pradesh, activists Arun Ferreira and Vernon Gonsalves were arrested.

Police filed the first chargesheet in the case against the six people arrested in June 2018, in November 2018.Additional charges against Sudha Bharadwaj, Varavara Rao, Arun Ferreira and Gonsalves were filed in February 2019.The charge sheet includes no names of Gautam Navlakha and Anand Teltumbde.

Tagged: Supreme Court   Gautam Navlakha   High Court   Delhi High Court   National Investigation Agency   Justice Arun Mishra   Justice Abdul Nazeer   Justice Indira Banerjee  
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