In a recent development, a two-judge bench of the Supreme Court has voiced its reservations regarding a previous order issued by the top court in November. This order had granted human rights activist Gautam Navlakha the permission to be placed under house arrest, but the current bench is raising questions about the precedent it may have set.
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Questioning the Precedent
The bench, consisting of justices MM Sundresh and JB Pardiwala, expressed its concerns over the decision to allow Gautam Navlakha to remain under house arrest, particularly in light of the facilities provided to him. They suggested that the order from November 10, 2022, may have established an unfavorable precedent. It’s worth noting that the November 2022 order had been issued by a bench comprising justices KM Joseph (now retired) and Hrishikesh Roy.
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Gautam Navlakha’s Legal Move Amidst Health Concerns
In a significant development, Gautam Navlakha, aged 70, who had been incarcerated since his arrest in April 2020 in the Bhima Koregaon case, saw a change in his living arrangements. In consideration of his medical condition, he was granted permission to move into a room at a public library in Mumbai. However, Navlakha has now submitted a fresh request to the court, seeking to be placed under house arrest in Navi Mumbai.
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The Bhima Koregaon Case and Navlakha’s Involvement
Navlakha is one of the several individuals, including activists, lawyers, poets, and scholars, who were apprehended by the National Investigation Agency (NIA) in connection with alleged inflammatory speeches made at the Elgar Parishad conclave that took place in Pune on December 31, 2017. According to law enforcement, these speeches were believed to have incited violence the following day near the Koregaon-Bhima war memorial situated on the outskirts of the western Maharashtra city. Tragically, the violence resulted in the loss of one life and injuries to several others.
