‘Might set a wrong precedent', says SC; indicates its reservation on order to put Gautam Navlakha under house arrest

Additional Solicitor General S V Raju, representing the National Investigation Agency (NIA), contended before a bench comprising Justices M M Sundresh and J B Pardiwala that Navlakha’s house order was unusual. The bench orally observed that prima facie it has reservations, but a lengthy order has been passed.

New Delhi: The Supreme Court Friday indicated its reservation with its earlier order, which allowed activist Gautam Navlakha, an accused in the Bhima Koregaon case, to be put under house arrest. The top court orally observed that this might set a wrong precedent.

Additional Solicitor General S V Raju, representing the National Investigation Agency (NIA), contended before a bench comprising Justices M M Sundresh and J B Pardiwala that Navlakha’s house order was unusual. The bench orally observed that prima facie it has reservations, but a lengthy order has been passed. The bench further added that it is now not examining the merits of the case, and this might set a wrong precedent and pointed out that Gautam Navlakha’s plea might have merit, but to facilitate this could create a wrong precedent.

Raju pressed that Navlakha’s house arrest was unwarranted, as the court initially granted it on health grounds and pointed out that Navlakha is required to pay for security and surveillance.

Senior advocate Nithya Ramakrishnan, representing Navlakha, submitted that a sum of Rs eight lakh has already been deposited. The apex court asked the NIA to file its reply within four weeks to a plea by Navlakha, who is under house arrest at a Mumbai public library, seeking a change of address.

A counsel for Navlakha informed the top court that it had directed the NIA to file its reply in April but it has not submitted its response to date. After hearing submissions, the top court adjourned the matter by eight weeks.

A bench headed by Justice K M Joseph (since retired) in November 2022, had allowed activist Gautam Navlakha to be put under house arrest. Then, the apex court noted that his health was deteriorating and he is a 70-year-old person.