SC issues notices to NIA, Maharashtra govt on activist Gautam Navlakha's plea for house arrest

The Supreme Court on Tuesday sought responses of the National Investigation Agency NIA and the state of Maharashtra to jailed activist Gautam Navlakhas plea that he be placed under house arrest instead of judicial custody in the ElgarParishad caseThe 70yearold activist has 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 currently lodgedThe petition came up for hearing before a bench of Justices K M Joseph and Hrishikesh Roy which issued notices to the NIA and the state seeking their responsesThe bench has posted the matter for resumed hearing on September 29The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31 2017 which the police claimed triggered violence the next day near the KoregaonBhima war memorial on the outskirts of the western Maharashtra cityAlso Read Elgar case Special NIA court refuses bail to activist Gautam NavlakhaThe Pune police had claimed the conclave was organised by people with Maoist links The NIA later took over the probeDuring the hearing in the apex court the counsel for Navlakha said the petitioner had moved the high court on the basis of the top courts May last year order passed on a plea by the jailed activistIn its last year order the apex court had expressed concern over overcrowding in jails and said it will be open for the courts to consider ordering house arrest of accused under provisions of the Criminal Procedure CodeBased on this order we had moved the Bombay High Court saying that I Navlakha in fact fulfil all the criteria that this court had laid down in this matter and please allow house arrest because I am in bad medical condition I am 70yearold I have been under house arrest before as also I have no previous criminal antecedents the counsel saidOn being asked by the court about the nature of the crime for which he has been arrested the counsel said there are allegations about commission of offences covered under the Unlawful Activities Prevention Act but none of those are made out against the petitionerThe counsel said if the apex court so directs Navlakha can be put under house arrest in Mumbai where his two sisters live or in DelhiOn August 29 apex court judge Justice S Ravindra Bhat had recused from hearing Navlakhas pleaThe high court had said Navlakhas apprehensions about the lack of medical aid and inadequate basic facilities at the Taloja prison where he is currently lodged as an undertrial were illfoundedThe apex court had earlier granted bail to 82yearold activist P Varavara Rao in the caseNavlakha had told the high court the Taloja prison is overcrowded the toilets dirty and that his medical condition deteriorated during his incarceration thereThe case of the petitioner does not fit in any of the criteria provided for by SC The apprehension of the petitioner that he will not be provided medical aid and his life will be miserable in unhygienic conditions and atmosphere of the prison seems to be illfounded the high court had saidNavlakha had approached the high court contending the Taloja prison had poor facilities He had claimed he was denied a chair a pair of slippers his spectacles and a PG Wodehouse book by the prison superintendentThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever