Supreme Court Extends Bombay HC's Stay On Bail Granted To Gautam Navlakha In Bhima Koregaon Case

In the National Investigation Agency's petition challenging the grant of bail to journalist Gautam P Navlakha in the Bhima Koregaon case over alleged Maoist links, the Supreme Court today extended the stay granted by the Bombay High Court on the order granting bail.  

A Division Bench of Justices MM Sundresh and SVN Bhatti ordered for the matter to be listed before the Chief Justice of India DY Chandrachud, to take a call on listing of the same with other connected petitions filed by co-accused, or for clubbing of all the matters to enable hearing by a single Bench.

In the judgment delivered on December 19, 2023, the Bombay High Court granted bail to Navlakha observing that there was no material to infer that he committed a terrorist act as contemplated under Section 15 of the Unlawful Activities (Prevention) Act, 1967. However, on NIA's request, the High Court suspended the bail order for 3 weeks to enable the agency to appeal before the Supreme Court.

In the course of the hearing today, Additional Solicitor General SV Raju pointed out that the bail order of accused-Mahesh Raut, with whom Navlakha claimed parity, and with respect to whom similar allegations had been levelled, has been stayed by the Supreme Court.

Senior Advocate Abhishek Manu Singhvi, appearing for Navlakha, argued that he was entitled to parity with the other co-accused, viz. Arun Ferreira, Vernon Gonsalves who have been granted bail by the Supreme Court. He also claimed parity with the case of Professor Anand Teltumbde, another accused in the case, who was granted bail by the Bombay High Court, which was not interfered with by the Supreme Court.

On this, Justice SVN Bhatti said that the question is whether Mahesh Raut's bail has been questioned before the Supreme Court or not, and whether the case in that regard is pending before the court. Both the questions were answered in the affirmative.

Observing that several connected matters were pending before different Benches of the court, Justice Sundresh expressed an inclination to have CJI Chandrachud take a call.

Objecting to the same, Senior Advocate Singhvi said there was no need to transfer the petition. Alternatively, it was urged that if at all the matter had to be tagged with another case, it had to be that of accused-Hany Babu or with Navlakha's own matter (SLP(Crl) No.9216/2022) in which he was shifted to house arrest.

Accordingly, the matter was directed to be listed for the CJI to take a call.

On ASG SV Raju pointing out that the stay granted by the Bombay High Court would come to an end on January 9, the Supreme Court Bench extended the same till the matter was listed for appropriate orders.

Navlakha was arrested on April 14, 2020, in the case.  Owing to his ill health, the Supreme Court placed him under house arrest in September 2022.

Case Title: The National Investigation Agency v. Gautam P. Navlakha and Anr., SLP(Crl) No. 167/2024

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