Bombay High Court baffled after seeing the order of special NIA court in Gautam Navlakha case, said- do the hearing again

The High Court said in its decision that the bail application of Gautam Navlakha was rejected by the special court. But ordered in such a way that everything is mysterious.

An order of the Special NIA Court in the case of Bhima Koregaon accused Gautam Navlakha went over the heads of even the judges of the Bombay High Court. The High Court said in its decision that the bail application of Gautam Navlakha was rejected by the special court. But ordered in such a way that everything is mysterious. Nowhere has any reason been cited by which we can justify the order. The High Court ordered the Special Court to hear the case again. This work should be completed within four weeks. Navlakha is currently under house arrest on medical grounds.

The High Court also said that there is no need to be influenced by the earlier decision. Let the matter be heard again. The trial court needs to clarify its stand on section 43D(5) of the UAPA. In the earlier order, the court had not talked about this.

Navlakha’s bail plea was rejected by the NIA court in 2022

Gautam Navlakha, a 73-year-old human rights activist, has been in jail since 2018. On 5 September 2022, the NIA court rejected Navlakha’s bail plea. But the order was confused. There was no such mention anywhere in which the reason for rejecting the bail was clarified. Special Judge Rajesh Kataria said in his order that the NIA believes Navlakha has complicity in the crime. He said that there is enough evidence in the charge sheet.

In its charge sheet, the NI has alleged that Navlakha has been an active member of the CPI (Maoist). He has also been associated with the separatist movements of Kashmir. Many such documents have been found from them which are completely suspicious. The NIA had made Gautam Navlakha an accused in the Bhima Koregaon case on January 1, 2018, following the riots in Pune. After the intervention of the Supreme Court, he was sent to house arrest for treatment. There was a lot of ruckus when Gautam Navlakha was sent to house arrest. In the end, the Supreme Court reprimanded the NIA. Only after that he could be sent from jail to house arrest.

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