SC to hear plea of Navlakha, NIA on Nov 18 in Elgar Parishad-Maoist link case

The Supreme Court agreed to list for hearing on Friday a fresh plea of activist Gautam Navlakha who has not been shifted to house arrest despite the apex courts direction in the Elgar ParishadMaoist link caseA bench headed by Chief Justice D Y Chandrachud took note of the submissions of a senior lawyer Nitya Ramakrishnan appearing for Navlakha that the apex courts November 10 direction to shift him from Navi Mumbais Taloja prison to house arrest owing to his deteriorating health has not been compiled with so farSolicitor General SG Tushar Mehta appearing for the NIA said the accused instead of giving the address of his house has given the address of the librarycumoffice of the Communist Party and moreover a separate plea would also be filed during the dayThe Communist Party in any case is not a banned organisation Ramakrishnan saidThe SG said the probe agency was also in the process of filing an application and both the pleas can be listed togetherThe CJI suggested that the plea of Navlakha be listed on Friday and the probe agency can mention its application before the benchAlso Read Elgar case Actor Suhasini Mulay stands surety for activist Gautam NavlakhaThe law officer referring to some facts of the case said that both the applications needed to be heard together on Friday The submissions were allowedOn November 15 the top court cleared the hurdle for the release of Navlakha from Navi Mumbais Taloja prison by waiving the requirement of a solvency certificate for availing the benefit of house arrestPrior to this the top court had on November 10 allowed the 70yearold Navlakha to be placed under house arrest owing to his deteriorating healthIt had said that to avail the facility of house arrest Navlakha will provide local surety of Rs 2 lakh by November 14While ordering that Navlakha be placed under house arrest the bench comprising Justice K M Joseph and Justice Hrishikesh Roy had noted that the activist has been in custody since April 14 2020 and prima facie there was no reason to reject his medical reportIt had said that Navlakha does not have any criminal background except this case and even the Government of India had appointed him as interlocutor to hold talks with MaoistsPutting a number of conditions it had also said Navlakha will not be allowed to use a computer and the Internet during his house arrestPetitioner will not use a computer Internet or any other communication device while under house arrest He will however be permitted to use a mobile phone without Internet provided by police personnel on duty once a day for 10 minutes in the presence of the police the bench saidThe apex court had also said that Navlakha shall not be allowed to leave Mumbai and he will not attempt in any manner to influence witnesses during his house arrestTelevision and newspapers will be allowed but these cannot be Internetbased it had saidIt had allowed the Maharashtra Police to search and inspect the residence and said the accommodation would be under surveillanceThe activist had appealed to the apex court against the April 26 order of the Bombay High Court dismissing his plea for house arrest over apprehensions of lack of adequate medical and other basic facilities in Taloja jail near Mumbai where he is lodgedThe case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31 2017 which the police claim triggered violence the next day near the KoregaonBhima war memorial on the outskirts of the western Maharashtra city