The Supreme Court on Tuesday sought response from the National Investigation Agency (NIA) and the state of Maharashtra on a plea by jailed activist Gautam Navlakha that he be positioned below home arrest as a substitute of judicial custody within the Elgar-Parishad case.
The 70-year-old activist has appealed within the apex courtroom in opposition to the Bombay High Court’s April 26 order dismissing her plea for detention on apprehensions of lack of sufficient medical and different fundamental services.
Taloja Jail close to Mumbai the place he’s at the moment lodged.
The petition got here up for listening to earlier than a bench of Justices KM Joseph and Hrishikesh Roy, which issued notices to the NIA and the state in search of their response.
The bench has posted the matter for listening to once more on September 29.
The case pertains to alleged provocative speeches on the Elgar Parishad convention held in Pune on December 31, 2017, which police claimed led to violence the following day close to the Koregaon-Bhima conflict memorial on the outskirts of the western Maharashtra metropolis.
The Pune Police had claimed that the conclave was organized by folks linked to the Maoists. Later the NIA took over the investigation.
During the listening to within the apex courtroom, Navlakha’s counsel stated that the petitioner had moved the excessive courtroom on the plea of the jailed activist primarily based on the apex courtroom’s May final yr order.
In its order final yr, the highest courtroom had expressed concern over overcrowding in jails and stated courts can be open to contemplate orders for detention of accused below the provisions of the Code of Criminal Procedure.
“Based on this order, we had moved the Bombay High Court saying that I (Navlakha) do certainly fulfill all the standards laid down by this courtroom on this matter and kindly permit home arrest as I’m in poor medical situation. I’m in I’m 70 years outdated. I’ve been below home arrest up to now and don’t have any earlier felony historical past.
When requested by the courtroom concerning the nature of the offense for which he has been arrested, the counsel stated that there are allegations relating to offenses falling below the Unlawful Activities (Prevention) Act, however none of them in opposition to the petitioner. Is.
“If the apex court so directs, Navlakha can be placed under house arrest in Mumbai, where her two sisters live, or in Delhi,” the lawyer stated.
Apex courtroom decide S Ravindra Bhat recused himself from listening to Navlakha’s plea on August 29.
The High Court had stated Navlakha’s apprehensions concerning the lack of medical help and insufficient infrastructure at Taloja Jail had been “baseless”.
The apex courtroom had earlier granted bail to 82-year-old activist P Varavara Rao within the case.
Navlakha had instructed the High Court that Taloja Jail was overcrowded, the bathrooms had been soiled and his medical situation had deteriorated throughout his imprisonment there.
“The petitioner’s case does not fit any of the criteria (provided by the SC). The apprehension of the petitioner that medical aid will not be provided to him and his life will become miserable under unhygienic conditions and the jail environment seems baseless,” the High Court had stated.
Navlakha had approached the High Court stating that the Taloja jail has poor services. He had claimed that the jail superintendent had disadvantaged him of a chair, a pair of slippers, his glasses and a PG Wodehouse e book.
With inputs from TheIndianEXPRESS
