Gautam Navlakha: “Not possible to make out a case from the documents before us”, remarks Muralidhar J. [Read Order]

Gautam Navlakha: “Not possible to make out a case from the documents before us”, remarks Muralidhar J. [Read Order]

Aditi Singh

The Delhi High court today stayed transfer of Human Rights Activist Gautam Navlakha to Pune till tomorrow.

The Court will hear the petition filed by Navlakha tomorrow.

Navlakha’s transfer to Pune was approved by an order of the Metropolitan Magistrate, Saket Court, Delhi.

Navlakha and several other activists across India were arrested by the Pune police today for their alleged involvement in the Bhima Koregaon violence that broke out in December last year.

Navlakha was arrested from his house in Delhi at 2.15 in the afternoon. Pune Police had filed an FIR 4/2018 in Vishrambagh Police Station and the case was registered under Sections 153 A, 505, 117 read with Section 34 Indian Penal Code, 1860. The Pune Police had also added Sections 13 and 18 of the Unlawful Activities Prevention Act, 1967 under which he has been charged.

Soon after, a Habeas Corpus petition was filed and the matter was mentioned before Chief Justice Rajendra Menon who listed the matter for hearing at 4 pm before the “appropriate Bench”.

The Habeas Corpus petition also states that the Pune Police who are conducting the search were not disclosing any details about their designation and that the officers from the Delhi Police Special Cell have also accompanied them in this search and arrest operation.

The matter then came up for hearing before a Bench comprising Justices S Muralidhar and Vinod Goel.

Stating that it would not be possible to hear the case past the court hours, the Court posted the case for tomorrow morning. It also stayed the transfer of Navlakha to Pune till tomorrow.

Interestingly, Justice Muralidhar, after going through the transit remand application for Navlakha, remarked that it was not possible to make out a case against Navlakha from the documents placed before it.

“It is not possible to make out a case from the documents placed before us”, he said.

After noticing that the other relevant documents in the case were in Marathi, Justice Muralidhar asked an officer of Pune Police,

Don’t tell us your conclusion…What is the specific allegation against him (Navlakha)?

The question was answered with silence.

The Court further directed that Navlakha would be kept under house arrest  and he will be permitted to interact only with his lawyers.

Navlakha was represented by advocate Nitya Ramakrishnan.

Pune Police was represented by Standing Counsel GNCTD Rahul Mehra.

Excerpt of the Habeas Corpus petition filed before the Delhi High Court.


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