In a significant development, the Bombay High Court on Tuesday expressed its inclination to permit human rights activist Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case, to temporarily relocate to his residence in Delhi. The court's decision comes as a relief to the 73-year-old activist, who has been living in Mumbai under bail conditions since 2023.
Court Cites Age and Financial Strain
A bench comprising Justices Bharati Dangre and Shyam Chandak heard the plea filed by Navlakha's counsel, Yug Chaudhary. The senior advocate argued that his client, originally from Delhi, has been living in rented accommodation in Mumbai since being granted bail and is facing severe financial hardship. The prolonged delay in the commencement of the trial was cited as a primary concern, with Chaudhary stating that continuing to stay in Mumbai could lead Navlakha to bankruptcy.
The counsel assured the court that Navlakha would participate in the trial proceedings via video-conference from the National Investigation Agency (NIA) office in Delhi whenever required. He further committed that Navlakha would return to Mumbai for physical appearances if directed by the trial court or the prosecutor.
"Not a Flight Risk," Says High Court
The bench carefully considered the application and the submissions made. The court explicitly noted that there was no evidence to suggest Gautam Navlakha was a "flight risk," as there have been no instances where he attempted to evade the legal process or escape. This observation formed a crucial part of the court's reasoning.
Justice Dangre emphasized the personal circumstances of the accused. "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," the judge remarked. The court acknowledged that Navlakha felt forced to stay in Mumbai despite having a home in Delhi.
While the bench made it clear that it would not allow the trial to be conducted from Delhi, it was satisfied with the reasons for allowing him to shift until the trial begins. "We have made up our mind," the court stated. The matter has been posted for further hearing on Wednesday to allow the prosecuting agency, the NIA, to specify any conditions they wish to impose on Navlakha for this temporary relocation.
Background of the Elgar Parishad Case
Gautam Navlakha was arrested in the case investigated by the NIA, which alleges that he was a co-conspirator involved in propagating Maoist activities and ideology under the instructions of leaders of the banned Communist Party of India (Maoist).
The case stems from an event held at Pune's Shaniwarwada on December 31, 2017, organized by the Kabir Kala Manch. The NIA claims that provocative speeches made during this Elgar Parishad event incited people and promoted enmity between caste groups. This allegedly led to widespread violence, resulting in loss of life and property, and triggered a statewide agitation in Maharashtra.
Navlakha's journey through the legal system has been long. He was granted bail by the Bombay High Court in 2023, but a key condition restricted him from leaving Mumbai without prior permission from the trial court. His subsequent application to the special NIA court seeking permission to reside in Delhi was rejected, prompting the move to the High Court, which has now shown a favorable stance.
