New Delhi: While indicating that it will allow Bhima Koregaon accused case Gautam Navlakha to be put under house arrest because of his health condition, the Supreme Court on Wednesday asked National Investigation Agency (NIA) to inform what restrictions it wants to be imposed on him.
A bench of Justices KM Joseph and Hrishikesh Roy posted the matter for Thursday and asked Additional Solicitor General SV Raju appearing for National Investigation Agency (NIA) to apprise it of the restriction that the agency wants to be imposed on Navlakha during the house arrest. “Place whatever restrictions. At least let him remain in house arrest for a few days,” the bench said.
It added, “Get instructions about restrictions. We will keep it as the first case tomorrow.”
Raju vehemently opposed Navlakha’s plea seeking direction that he be placed under house arrest instead of judicial custody in Taloja jail, Maharashtra.
He said that Navlakha’s condition has been improved and there was no need to put him under house arrest.
The ASG alleged that Navlakha is in touch with Kashmiri extremists and ISI and read out some documents.
He further said that they are not innocent, they are involved in destroying the country, and warfare.
To this Justice Joseph replied, corrupts are the ones destroying the country.
“I don’t think they want to destroy this country…People, who destroy this country, want me to tell you? People who are corrupt. Every office you go to, what happens? Who is taking action?” asked the bench.
The bench said, “NIA has not explained how Navlakha, under house arrest, will jeopardise the security of India.”
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Senior advocate Kapil Sibal appearing for Navlakha argued that there is no way he can be treated for these ailments in jail and he needs regular tests.
He added that Navlakha is under trial, charges are not framed, and he has been in custody for two years.
Earlier, the apex court had allowed the Superintendent of Taloja prison in Maharashtra to shift jailed activist Navlakha to Mumbai’s Jaslok hospital for medical checkup and treatment.
It had said that receiving medical treatment is a fundamental right of a prisoner.
70-year-old Navlakha had told the bench that he has colon cancer and requires a colonoscopy and also a check-up for skin allergies and dental issues.
Navlakha had moved the top court challenging the April 26 order of the Bombay High Court which had dismissed his plea for house arrest over apprehensions of lack of adequate medical and other basic facilities in Taloja jail near Mumbai where he is currently lodged.
The High Court had said Navlakha’s apprehensions about the lack of medical aid and inadequate basic facilities at the Taloja prison, were “ill-founded”.
He had approached the High Court saying the Taloja prison has poor facilities, overcrowded, and his medical condition deteriorated during his incarceration there.
Navlakha, one of the several civil liberties activists in the Bhima Koregaon case, has been booked under stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) for an alleged conspiracy to topple the government.
Earlier, the Supreme Court had granted bail to 82-year-old activist P Varavara Rao in the case.
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