Supreme Court rejects plea by NIA against shifting Gautam Navlakha from jail to house arrest; directs compliance in 24 hours

The Supreme Court on Friday rejected a plea by the National Investigation Agency (NIA) against an earlier order of the Court directing Bhima Koregaon accused Gautam Navlakha to be placed under house arrest instead of keeping him in jail [Gautam Navlakha v NIA]. .The bench comprising Justices KM Joseph and Hrishikesh Roy directed that the order be complied within 24 hours.However, the Court mandated some additional safeguards to ensure that the house arrest is not misused.During the hearing the bench also rejected the apprehensions raised by the NIA on account of the fact that the premises where Navlakha wants to be kept under house arrest, belongs to the Communist Party of India."Communist Party is a recognised party of India. What is the issue," Justice Joseph asked Solicitor General (SG) Tushar Mehta who appeared for the NIA."If it does not shock you then what can I say," the SG said."No it does not shock us," the bench responded..The Court eventually proceeded to direct compliane with its earlier subject to following additional conditions:"We record submission of SLP petitioner (Navlakha) that he has no objection to NIA sealing the kitchen door leading to exit door. NIA is free to seal kitchen door leading to exit point. NIA shall not close the door between hall and kitchen. Another concern is about openable grills. We direct such grills can be locked and keep the key with themselves. Apart from the CCTV installed, there is another one on the southern door. Order of Nov 10 shall be given effect within 24 hours from the date of the receipt of the copy of the order," the order said.The Court also made it clear during the hearing that there is a strict bar on use of internet and if there is any violation of the same, the NIA can move the top court again..On November 10, the Supreme Court had allowed Navlakha to be shifted to house arrest from jail for a month, subject to certain conditions.He was asked to deposit an amount of ₹2.4 lakh as expenses for his security cover when he is under house arrest."We would thus think that he should be allowed to be placed for house arrest for a period of one month. There will be armed escorts to monitor that there is no misuse of the house arrest," the bench had ordered.The Court had also directed that Navlakha shall not be permitted to use a computer, internet or any other communication device while under house arrest..However, the NIA subsequently moved the Court seeking vacation of Navlakha's house arrest order primarily on three grounds: deliberate suppression of material facts, deliberate acts amounting to abuse of process of law and bias regarding the activist's medical report, on the basis of which the Court granted house arrest.The application by NIA stated that Navlakha's medical records were vitiated by bias, since they were prepared at a hospital where the head doctor is related to him..When Justice KM Joseph pointed out that the order passed on November 10 was "some kind of an agreed order" since most of the conditions were adhered to, both ASG SV Raju and SG Mehta pointed out that "it was never a consented order and the NIA had opposed it tooth and nail.".The NIA also argued that the order of November 10 was based on the reasoning that the location of house arrest would be residential in nature.However, the agency pointed out that the location preferred by Navlakha is a public library under the control of Communist Party of India. It has a ground floor, hall on the first floor, an open terrace and three entrances through the main gate. The building is in the name of the Secretary of the Communist Party, who manages the same, the agency found."...it is inconceivable how the house arrest of a person who is accused of Maoist activities be carried out in a building which is a public library registered in the name of political party i.e. the Communist Party," the application said..During the hearing on Friday, Additional Solicitor General (ASG) SV Raju submitted that the library was turned into a makeshift residential place and the accused also suppressed the fact that it has two entrances."Is it because the library belongs to a political party that is why you have this problem," Justice Joseph asked."There are series of misleading statements and house arrest can be used for different purpose? He cannot be trusted...He has selected a place where he can meet different people. Now court said CCTV can be in exit when they objected to CCTV in room. Now there was a second exit also where there was no CCTV and after we detected they said, 'Ok it can be installed'," the ASG replied."He could not have gone there unless a recce was carried out by the police officers. Now it has been done so measures can be taken," Justice Roy said.."See photos of grills which can be opened. It is like collapsible grills which can be opened but people can come in. Large no of persons are coming there and karate classes are also going on there. This is not even residential and it is just makeshift. This is worse than jail. By this house arrest thing, an attempt has been made to take everyone for a ride," the ASG said."Ultimately, what you want," Justice Joseph queried."Due to a series of misstatements, he is not eligible for house arrest. Here is a person who is not straight forward in his representation before the court.. an attempt has been made to make his monitoring inside the house a sham," ASG Raju contended..Navlakha had also filed an application before the apex court stating that the authorities were not complying with the November 10 order..Senior Counsel Nitya Ramakrishnan, appearing for Navlakha, said on Friday that the space proposed for Navlakha's stay is a residential unit."It is a residential unit. There is a bathroom and bedroom. It was a floor above the library. It has been used as residential unit in the past. No member of public goes to read there. It is a long empty hall with kitchen and bathroom...on Nov 14 one CCTV camera was installed, second CCTV could not be installed since we moved trial court. NIA misbehaved with locals as well and made them to take out books etc. NIA said kitchen cannot be used.. now kitchen access is barred," she said.Regarding the allegation against Communist Party of India and Maoists, Ramakrishnan said that the "Communist party itself condemns Maoists." "Anyone with basic knowledge of contemporary politics will know that it is a recognised party," Ramakrishnan submitted."Every time we point out a loophole they say we will close it and what if it turns out to be a gaping hole," the ASG said..The bench, however, was not impressed."In case you are finding some or other loophole to see our order is not complied with then we have to take a serious view of it," Justice Joseph remarked."Do not bring in conditions to say that with your entire police force you cannot keep a watch on an ailing 70 year old," Justice Roy also weighed in.The ASG then requested that the matter be adjourned for Monday next week."Please have this on Monday I have to go for my 90-year-old mother in law," he said.But the bench refused."You think we cannot see through attempts to delay the case. For what purpose will we post on Monday," asked Justice Joseph."SG and ASG saying that we cannot keep a 70-year-old ailing man in house confinement with all might of the State," Justice Roy said..SG Mehta then said that Navlakha has ISI links and links with Jammu and Kashmir terrorist."So? You say you cannot monitor then we will," Justice Roy responded..[Read our live coverage of today's hearing below].[Read order]