'Not a flight risk': Bombay HC on Navlakha plea to shift to Delhi

Mumbai: The Bombay HC on Tuesday said it was inclined to allow human rights activist Gautam Navlakha to shift to his house in Delhi till the trial in the Elgar Parishad Maoist links case begins.

Navlakha is not a "flight risk" as there have not been any instances where he tried to escape, high court said, adding he felt he was forced to stay in Mumbai and also that he was completely uprooted from his life and social circle.

Navlakha was granted bail in 2023 by HC but a condition was imposed that he shall not leave Mumbai without prior permission from the trial court. This year, he filed a plea before the special NIA court seeking permission to stay in Delhi as that was his hometown. The court, however, refused the plea following which he moved the HC.


His counsel Yug Chaudhary told a bench of Justices Bharati Dangre and Shyam Chandak Navlakha was 73-year-old and has been living in Mumbai in rented accomodations since getting bail. "He is originally from Delhi. He has a house there. He cannot afford to stay in Mumbai. The trial in the case is simply not beginning. If it continues like this then he will go bankrupt," Chaudhary said.

The senior counsel added that Navlakha would attend the trial in the case via video conference from the NIA's office in Delhi. As and when the trial court directs or even the prosecutor asks, Navlakha would appear before the trial court physically. The bench said while it was not going to allow Navlakha to attend the trial from Delhi but it was inclined to allow him to shift to Delhi until the trial begins.

The bench said NIA can specify what conditions need to be imposed on Navlakha and posted the matter for further hearing on Wednesday. The NIA has accused Navlakha of being a co-conspirator who was involved in propagating Maoist activities and ideology under instructions of members of the banned CPI (Maoist). The case relates to inciting people and giving provocative speeches during an Elgar Parishad event in Pune on Dec 31, 2017, which promoted enmity between various caste groups and led to violence resulting in loss of life and property and statewide agitation.