NEW DELHI: The Supreme Court on Friday refused to recall its interim order of house arrest of Elgar Parishad accused Gautam Navalkha who is currently lodged in Taloja Jail.
A bench of Justices KM Joseph and Hrishikesh Roy while dismissing NIA’s application seeking to vacate the court’s November 10, 2022 order, directed the probe agency to execute its direction for house arrest within 24 hours.
In addition to the conditions that were placed earlier, the court also allowed NIA to seal the kitchen door leading to the exit point & also lock the grill.
On NIA opposing the order, Justice Hrishikesh Roy said, “We’re getting this perception. You’re unable to keep an eye on a 70-year-old man, SG & ASG saying that we can’t get a 70-year-old man in confinement? With all might of the state, you cannot keep a 70-year-old ailing man… we’re getting this perception.”
When the NIA sought time till Monday, Justice KM Joseph snapped, "You think we cannot see through attempts to delay the case? For what purpose will we post on Monday? We are passing an order."
The remarks were made while the bench was considering NIA’s application which stated that Navalkha had deliberately suppressed material facts before the court. The probe agency also added that this amounted to an abuse of the process of law.
It was also stated that Navalkha is a charge-sheeted accused in a serious case involving UAPA but not limited to working for the banned organisation-CPI Maoists, recruiting members for the org and further liasoning with ISI Pakistan.
Terming the facts discovered by the agency as “very disturbing”, SG Tushar Mehta attempted to convince the bench to vacate its order of house arrest.
Against this backdrop, he stressed on the fact that when the bench had passed an order, an impression was given that the premises where Navalkha was to be placed was “independent” but it belonged to the Communist Party of India.
“Person accused of being member of Maoist organisation would want to stay for house arrest & in some political party’s office. This court was given an impression it's an independent premises. If this doesn't shock the conscience of this court, I don't know what would,” Mehta added.
Responding to Mehta’s contention the bench said, “CPI is recognised party of the country. No, it doesn't shock our conscience.”
ASG SV Raju also appearing for the probe agency contended that Navalkha had made an attempt to take everyone for a ride by misleading the agency and the court. He also added that the premises in question had collapsible grills and the number of persons who will come and go because of the library and karate classes would make it difficult for NIA to monitor.
On the other hand, Senior Advocate Nitya Ramakrishna appearing for Navalkha contended that the premises where the septuagenarian was to be placed was an empty long hall which was previously used as a residential unit.
Responding to the probe agency’s apprehension that the location that was chosen by him was a public library under the control of CPI(M), she said, “It’s recognised political party- CPI (M). The Communist party itself condemns Maoist. Anybody with a basic understanding of contemporary politics will know that communist is a recognized party.”
Countering the allegations of him suppressing material facts, she also added that Navalkha wasn’t agile enough to escape through loose grills. “If he was free & surrendered to the NIA, they should know who he is. There is no suppression,” she also added.
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