Accused in the Elgar parishad Maoist case of 2017, Gautam Navlakha, through his counsel on February 27, submitted before the Bombay High Court that there is no allegation against him of committing any violence; therefore, no relevant offences punishable under the Unlawful Activities (Prevention) Act of committing, associating or abetment in the conspiracy to commit terrorist act are made against him.
Appearing before the division bench of Justice Ajey S Gadkari and Justice Prakash D Naik, the counsel of Navlakha, Advocate Yug Mohit Chaudhary, said that his client had not been deeply involved in any activities of the outlawed Communist Party of India (Maoists) as alleged in the charge sheet filed by the National Investigative Agency (NIA).
During the hearing, Navlakha’s counsel submitted that his client is a scholar and a researcher who has written several critical articles on Maoist violence and was called a Government agent by the Ultras; Chaudhary asserted that both the Maoist and the government at times criticised his client which is the surest sign of his independent view on the issue.
Navlakha’s counsel further argued that there are no relevant charges that can be made of UAPA, even if a charge is made of the maximum imprisonment, in that case, would be of 5 to 10 years; at the same time, Chaudhary also cited the delay in the commencement of the trial and argued that the discharge application was argued a month ago, but the prosecution is yet to file its reply.
Earlier, NIA, while opposing the bail plea of Navlakha, had submitted before the court that the accused Navlakha was deeply involved in the activities of proscribed CPI Maoist. The investigative agency in the chargesheet has also mentioned that the accused, Navlakha, has been in constant touch with Ghulam Nabi Fai, an agent of the notorious ISI of Pakistan.
The Elgaar Parishad Case
It should be noted that Navlakha had surrendered before the NIA in April 2020 after the apex court, while refusing to grant anticipatory bail, instructed him to surrender before the investigative agency.
The case pertaining to the arrest was registered on January 8, 2018, by the Pune police following clashes in Bheema-Koregaon on January 1 2018; during the investigation, it was revealed that the conference was organised by the urban cadres of the proscribed CPI Maoist in which many inflammatory speeches were made.
The case was later transferred to the NIA in its investigation, named 15 accused, including Varvara Rao, Sten Swami, Rona Wilson, Gautam Navlakha and prof Hanny Babu, for organising the event along with the Kabir Kala Manch, an alleged frontal organisation of the CPI Maoists.
Most of the accused in the case are currently lodging in the Taloja prison of Navi Mumbai, while Varvara Rao has been granted permanent bail owing to his alleged medical condition; additionally, the apex court in November also ordered the NIA to put Navlakha in a house arrest owing to his alleged medical condition, the court recently has also extended the time frame of the house arrest of Navlakha.
It is worth mentioning here that the NIA had opposed the house arrest of the Navalkaha, citing that this sort of relief can inspire similar requests from other accused in the case; during the hearing, the NIA counsel had also submitted that putting Navlakha in house arrest poses a serious risk as he can manipulate the witnesses in the case, however, the court while putting some restrictions on Navlakha ordered the agency to implement the order with immediate effect.
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