"Will Set A Bad Precedent" – NIA Opposes House Arrest For Gautam Navlakha

The National Investigation Agency (NIA) has opposed Bhima Koregaon – Elgar Parishad accused Gautam Navlakha's plea for house arrest on the grounds that there is no "substantive procedure of law in any statute" for such relief, and that it would set a bad precedent. Navlakha approached the court earlier this year for house arrest. He cited the lack of medical facilities at Taloja Prison, where he is lodged, and the Supreme Court's observations while rejecting his default bail plea in May 2021. The apex court had observed that in appropriate cases, under section 167 of the CrPC, the court may order house arrest considering the accused's age, health, and antecedents. Navlakha, asserted that he falls squarely within this definition. The septuagenarian, along with 14 other civil liberties activists is accused under the stringent Unlawful Activities (Prevention) Act (UAPA) for allegedly furthering the banned CPI(M)'s agenda and conspiring to overthrow the government. Evidence in the case is mainly in electronic form. The NIA accused them of instigating the caste violence that erupted at Bhima Koregaon, a war memorial cite in Pune, on January 1, 2018. NIA vehemently opposed the petition in their reply filed last month. The agency sought dismissal with exemplary costs. Considering the nature and gravity of the crime in the Bhima Koregaon - Elgar Parishad case, relief cannot be granted, it said. Grounds To Oppose House Arrest The relief of house arrest is "alien and no substantive or procedural of law has been provided under any statute." The reply states that not reasonable grounds for relief are made out. Granting house arrested would set a "bad instance and the same cannot be justified as it sets an untimely, and unapt precedent," the agency states. NIA further claims that prison authorities would be in a better position to respond to allegation of deplorable conditions in Taloja central prison. Seeking house arrest is as good as seeking regular bail. Therefore, alternate relief under a writ petition cannot be sought if there are provisions for bail, NIA states. Petition not sustainable under Article 226, 14, 19 and section 482 of the CrPC. According to the agency, Article 226 can only be invoked to enforce rights under Part III. It can be invoked only in exceptional circumstances. Section 482 of the CrPC is used to curtail abuse process of law. But in the absence of a law for house arrest, 482 cannot be invoked. The petition will now be heard on December 21.

"Will Set A Bad Precedent" – NIA Opposes House Arrest For Gautam Navlakha

Sharmeen Hakim

Tags