The Bombay High Court on Tuesday indicated that it is inclined to permit human rights activist Gautam Navlakha to move to his residence in Delhi until the trial in the Elgar Parishad Maoist links case formally begins, observing that there is nothing to suggest he is a flight risk.
A division bench of Justices Bharati Dangre and Shyam Chandak noted that Navlakha, who is currently out on bail, has never attempted to flee or evade the law and has expressed serious personal and financial hardship in continuing to stay in Mumbai under restrictive bail conditions.
Navlakha was granted bail by the high court in 2023, but with a condition that he should not leave Mumbai without prior permission of the trial court. Earlier this year, he approached the special National Investigation Agency (NIA) court seeking permission to reside in Delhi, citing it as his hometown, but the plea was rejected, prompting him to move the high court.
Appearing for Navlakha, senior advocate Yug Chaudhary told the bench that the 73-year-old activist has been living in rented accommodation in Mumbai since his release on bail and cannot afford to continue doing so indefinitely, especially when the trial has yet to commence. He submitted that Navlakha owns a house in Delhi, has deep social roots there, and feels “completely uprooted” from his life in Mumbai.
Chaudhary also assured the court that Navlakha would comply with all directions of the trial court, including appearing physically whenever required, and suggested that he could attend proceedings through video conferencing from the NIA office in Delhi if permitted.
While making it clear that it would not allow the trial to be conducted from Delhi, the bench said it was inclined to let Navlakha shift to the national capital until the trial begins. “We are satisfied with the reasons shown in his plea and there is nothing to show that he is a flight risk. We have made up our mind,” the court observed, adding that permitting him to move does not amount to allowing him to “escape the clutches of law.”
Justice Dangre referred to Navlakha’s age and circumstances, noting that although he is on bail and technically free, being compelled to stay away from his home and social circle has caused significant hardship.
The bench granted the NIA liberty to suggest appropriate conditions that could be imposed if Navlakha is allowed to move to Delhi and listed the matter for further hearing on Wednesday.
Navlakha is one of the accused in the Elgar Parishad case, which relates to speeches and events held on December 31, 2017, at Shaniwarwada in Pune, allegedly inciting caste-based enmity and leading to violence at Koregaon-Bhima the following day. The NIA has accused him of acting as a co-conspirator and propagating Maoist ideology under the direction of leaders of the banned CPI (Maoist).
Originally investigated by the Pune police in 2018, the case was later taken over by the NIA. So far, 16 people, including lawyers, activists, and academics, have been arrested in connection with the alleged conspiracy linked to the Elgar Parishad event.
