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Bhima Koregaon: Bombay High Court allows Gautam Navlakha to move to Delhi till trial ends

Navlakha was granted bail by the Bombay High Court in December 2023 with the condition that he could not leave the Court’s jurisdiction without prior permission.

Neha Joshi

The Bombay High Court on Wednesday permitted human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case, to shift base to New Delhi for the pendency of the trial. [Gautam Navlakha v. National Investigation Authority]

A Bench of Justices Bharati Dangre and Shyam Chandak passed the order while allowing Navlakha’s plea challenging a June 2025 order of the special National Investigation Agency (NIA) court that had refused him permission to relocate from Mumbai to Delhi.

Navlakha, currently out on bail, has been directed not to leave Delhi without prior permission of the trial court and to surrender his passport to the concerned authorities.

The Court also directed him to report every Saturday at the Kalkaji Police Station, near his residence in Delhi, and to appear before the designated NIA court for framing of charges and on all significant dates, unless specifically exempted.

“We are conscious that you are entitled to your liberty, but you are not a free man yet, so reporting once a week is not very difficult,” the Bench orally remarked during the hearing.

Justice Bharati Dangre and Justice Shyam Chandak

Navlakha was granted bail by the Bombay High Court in December 2023 with the condition that he could not leave the Court’s jurisdiction without prior permission.

The Supreme Court upheld that order in May 2024, leading to his release after nearly four years of custody.

During the hearing yesterday, the Bench observed that a person on bail, particularly at Navlakha’s advanced age, may feel "completely uprooted from his society and friends" when away from his home.

The court further noted that there was no material suggesting Navlakha posed a flight risk.

Advocate Yug Mohit Chaudhry, appearing for Navlakha, submitted that his client faced financial strain due to the high cost of living in Mumbai and was dependent on friends and family for expenses. He argued that since the trial is yet to commence, relocation to Delhi would not impede proceedings.

Additional Solicitor General Anil Singh opposed the plea arguing that grant of such relief could set an undesirable precedent, encouraging similar requests by other accused residing outside Maharashtra. The agency maintained that this could impact the smooth conduct of the trial in the future.

The High Court said that the detailed order will be made available in due course.

Navlakha was first placed under house arrest in 2018 and later taken into custody in April 2020. Due to medical concerns, the Supreme Court in November 2022 allowed him to serve his detention in house arrest and directed him to pay ₹20 lakh to the NIA towards surveillance expenses.

After the Supreme Court’s order of May 2024, the restriction requiring him to remain in Mumbai stands lifted, allowing him to return to Delhi.

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