New Delhi: The National Investigation Agency on Thursday told the Supreme Court that activist Gautam Navlakha needs to make a payment of Rs 1.64 crore regarding expenses for making available police personnel for his security during house arrest. Navlakha’s lawyer did not agree with NIA’s claims and termed it "extortion". Navlakha was arrested in the Elgar Parishad-Maoist links case.
Additional solicitor general S V Raju, representing the NIA, submitted before a bench led by Justice M M Sundresh that the 70-year-old activist has paid merely Rs 10 Lakh so far towards the expenses incurred for the security. Raju stressed that Navlakha must pay some more amount.
Senior advocate Nitya Ramakrishnan, representing Navlakha, disagreeing with Rs 1.64 crore expenses for the security, submitted that NIA’s calculation of the amount payable was wrong and contrary to the relevant rules. Raju replied that citizens are not entitled to house arrest. Navlakha has been under house arrest at a public library in Mumbai since November 2022.
Ramakrishnan contended before the bench, also comprising Justices S V N Bhatti, that the matter needs to be heard and her client contests this amount claimed by NIA. She vehemently argued that NIA cannot demand one crore from citizens for keeping them in custody and even by their own rules, this is not the amount. “And therefore, there cannot be extortion. A poor man can never get out," she said. Raju strongly objected to the use of the term "extortion".
After hearing submissions, the apex court said the matter needs to be heard in detail and scheduled the hearing in April. The stay imposed by the Bombay High Court on the operation of its order granting bail to Navlakha will continue until then. In December, the Bombay High Court had granted bail to Navlakha but stayed its order for three weeks after the NIA sought time to file an appeal before the apex court. Earlier, the apex court had said that keeping Navlakha under house arrest further will set a "wrong precedent".
The apex court, in November 2022, while ordering his house arrest had directed him to deposit Rs 2.4 lakh towards the expenses to be borne by the state for deploying police personnel regarding his house arrest. Later, the court again directed him to deposit another Rs 8 lakh as expenses.
