Gautam Navlakha Withdraws Application In Supreme Court Seeking Transfer From Mumbai To Delhi

When the matter was called up first, an advocate assisting Solicitor General Tushar Mehta sought a pass over.

“…You understood what you were getting into when you are in Bombay. You accepted it, now you want a change?”, the Division Bench comprising of KM Joseph and BV Nagarathna asked, turning to the petitioner.

When the matter came up during the second half, Senior Advocate Nitya Ramakrishnan appeared for the petitioner.

“The petitioner will look for another place to stay in Bombay itself”, she apprised the Bench.

So, you are not pressing the application? the Bench asked.

Solicitor Tushar Mehta, appearing for the NIA submitted that he was opposing the application.

But they are not pressing it, the Bench said while adding that no purpose would be served to keep the application pending. Ramakrishna then expressed that she wanted to withdraw the application.

“The learned senior counsel appearing for the petitioner seeks permission to withdraw. Dismissed as withdrawn.”

On November 10, the Court ordered to move Navlakha, 73, from Taloja Central Prison to house arrest, considering his advanced age and multiple ailments. The order was to remain in force for a period of one month.

Later, the NIA moved an application seeking to recall the order contending that Navlakha had suppressed material facts. The NIA also took an objection that the place chosen by Navlakha is a hall in the first floor of a library building under the control of the Communist Party of India (Marxist). However, on November 18, the bench led by Justice KM Joseph dismissed the NIA's application and directed the agency to immediately comply with the direction for house arrest.

Navlakha, who is 73 years old, has been in prison since April 2020. He suffers from multiple ailments and had moved the Supreme Court after the Bombay High Court had rejected his plea seeking transfer to house arrest on account of his health condition.

In December, the Court allowed him to stay in house arrest till the second week of January.

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