The Bombay High Court on Wednesday allowed human rights activist Gautam Navlakha, an accused in the Elgar Parishad–Maoist links case, to move from Mumbai to his residence in Delhi, while making it clear that he must return to Mumbai to attend trial proceedings whenever required by the special NIA court.
A division bench of Justices Bharati Dangre and Shyam Chandak permitted the relocation but imposed a set of tight conditions to ensure Navlakha’s availability for trial. The court directed him to mark his presence every Saturday at a local police station in Delhi, surrender his passport, and not leave the national capital without prior permission from the special court.
The bench also clarified that Navlakha would be required to personally appear before the special National Investigation Agency court when charges are framed and thereafter attend all hearings as directed, unless specifically exempted. While acknowledging his right to liberty, the court underlined that he remains under trial and is therefore not “a free man yet.”
Navlakha’s counsel, senior advocate Yug Chaudhary, had sought relaxation of the weekly police reporting condition, arguing that Navlakha was earlier required to report only once a month. The High Court, however, declined the request, maintaining that the existing safeguards were necessary at this stage of the proceedings.
A day earlier, the court had orally observed that Navlakha did not appear to be a flight risk, noting there had been no instance of him attempting to evade the legal process.
Navlakha was granted bail by the High Court in 2023, though he was barred from leaving Mumbai without the trial court’s permission. Earlier this year, he approached the special NIA court seeking permission to reside in Delhi, citing financial constraints and pointing out that the trial was unlikely to begin soon. After the special court rejected his plea, he moved the High Court, which has now partly allowed his request.
The National Investigation Agency has accused Navlakha of being a co-conspirator who allegedly propagated Maoist ideology and activities at the behest of leaders of the banned Communist Party of India (Maoist).
The case stems from the Elgar Parishad event held at Pune’s Shaniwarwada on December 31, 2017, organised by the Kabir Kala Manch. The event was followed by violence at Koregaon-Bhima the next day, which resulted in loss of life and property and triggered widespread unrest across Maharashtra. Investigators allege that provocative speeches at the event incited enmity between caste groups.
Originally registered by Pune police in 2018, the case was later transferred to the NIA. So far, 16 individuals, including lawyers, activists, and academics, have been arrested for allegedly furthering the objectives of the banned CPI (Maoist).
