The Supreme Court is scheduled to listen to on Wednesday the bail plea of activist Gautam Navlakha within the alleged Elgar Parishad-Maoist hyperlink case.
The activist, on February 19, had moved the highest courtroom in opposition to the Bombay High Court order of February 8 dismissing his bail plea. The excessive courtroom had mentioned that “it sees no reason to interfere with a special court’s order which earlier rejected his bail plea”.
A 3 choose bench of the apex courtroom comprising justices U U Lalit, Indira Banerjee and Ok M Joseph would take up the enchantment of Navlakha for listening to on March 3 in opposition to the excessive courtroom’s order.
According to police, some activists allegedly made inflammatory speeches and provocative statements on the Elgar Parishad meet in Pune on December 31, 2017, which triggered violence at Koregaon Bhima within the district the subsequent day.
Police additionally alleged that the occasion was backed by some Maoist teams.
The National Investigation Agency (NIA) is conducting a probe into the case.
Navlakha had approached the excessive courtroom final yr, difficult the particular NIA courtroom’s order of July 12, 2020 that rejected his plea for statutory bail.
On December 16 final yr, the excessive courtroom bench reserved its verdict on the plea filed by Navlakha, searching for statutory or default bail on grounds that he had been in custody for over 90 days, however the prosecution did not file a cost sheet within the case inside this era.
The NIA had argued that his plea was not maintainable, and sought an extension to file the cost sheet.
The particular courtroom had then accepted NIA’s plea searching for extension of 90 to 180 days to file the cost sheet in opposition to Navlakha and his co-accused, activist Dr Anand Teltumbde.
Navlakha’s counsel had advised the excessive courtroom that the NIA was granted the extension to file its cost sheet.
Senior advocate Kapil Sibal had mentioned Navlakha had already spent 93 days in custody, together with 34 days of home arrest, and that the excessive courtroom should rely home arrest as a interval of custody.
While he was beneath home arrest, Navlakha’s private liberties remained curtailed, Sibal had mentioned.
However, Additional Solicitor General S V Raju, who appeared for the NIA, had argued that Navlakha’s home arrest couldn’t be included within the time spent within the custody of police or NIA, or beneath judicial custody.
Raju argued that the Pune police arrested Navlakha in August 2018, however had not taken him into custody.
He mentioned the accused remained beneath home arrest, and the Delhi High Court quashed his arrest and remand order in October 2018.
The FIR in opposition to him was re-registered in January 2020, and Navlakha surrendered earlier than the NIA on April 14.
He spent 11 days within the NIA’s custody until April 25, and since then he in judicial custody within the Taloja jail in neighbouring Navi Mumbai.
Raju had argued that if the courtroom “looked from the other angle, it would see that if he (Navlakha) was arrested on August 28, 2018, he should have been enlarged on bail.”
“He was a free man till April 2020. He was neither on bail nor in custody. There cannot be a gap in the custody and detention period,” Raju had mentioned.