Bombay High Court indicates it may allow Gautam Navlakha to shift to Delhi until Bhima Koregaon trial begins

The Bombay High Court on Tuesday indicated that it will permit human rights activist Gautam Navlakha, an accused in the 2018 Bhima Koregaon–Elgar Parishad case, to shift to his Delhi home until the trial in the case commences. 

A Bench of Justices Bharati Dangre and Shyam Chandak was hearing Navlakha’s plea seeking permission to reside in Delhi and attend the court proceedings through video conference, when required. 

A bail condition restricts him from leaving the jurisdiction of the Bombay High Court.

Today, the bench directed the National Investigation Agency (NIA) to propose conditions under which permission could be granted, such as periodic reporting to the NIA office, to address the agency’s concerns. 

The Court observed that Navlakha has shown that he was not a flight risk.

“We have made up our mind,” the bench said.

“We will clarify that we are satisfied with the reasons stated in the application and particularly there is no concrete material to show that he is at flight risk Whatever conditions, you [NIA] can tell us, whatever stipulations you want to address, consult your officer. We will do it tomorrow,” it added.

The matter will be taken up for consideration on Wednesday.

Advocate Yug Mohit Chaudhry representing Navlakha, earlier argued that the 73-year-old activist has been living in Mumbai for over two years since grant of bail to him by the High Court. He emphasised that Navlakha had complied with all bail conditions, including reporting regularly to the NIA.

However, Chaudhry added that Navlakha could no longer afford to stay in Mumbai as the trial remains indefinitely delayed. 

“The trial has not even begun despite repeated directions of this Court and the Supreme Court. My discharge application was argued three years ago; the government has not replied yet. If it continues like this, I will be bankrupted. A prosecution cannot become a persecution,” Chaudhry told the bench. 

He assured the court that Navlakha would attend every hearing virtually from the NIA office in Delhi and be physically present in Mumbai whenever directed by the trial court or prosecution. 

Justice Dangre noted that there was no instance of the accused attempting to flee or violate bail terms.

“A person may feel lost if he is not in his hometown, especially at a particular age. You feel completely uprooted from your society, your friend circle, but now he is a free man pending trial,” the judge remarked.

However, Additional Solicitor General (ASG) Anil Singh, appearing for the NIA, opposed the plea, stating that allowing Navlakha to move out of Mumbai could set a precedent for other accused in the case who live outside Maharashtra.

“Out of 15 accused, 12 or 13 are not from Mumbai. This may affect the ntire trial process,” Singh cautioned. 

Justice Dangre, however, clarified that the court was only considering Navlakha’s case on its individual merits.