A special National Investigation Agency (NIA) court has rejected journalist Gautam Navlakha's plea to permanently reside in Delhi, citing jurisdictional constraints imposed by the Bombay High Court. Navlakha, an accused in the Elgar Parishad case, sought permission to relocate, arguing financial strain, unemployment, and the ailing health of his 86-year-old sister. The court emphasized that permanently residing outside its jurisdiction is different from traveling beyond it, thus upholding the bail conditions.
Navlakha, aged 72, was arrested on April 14, 2020, by the NIA and later granted bail by the Bombay High Court on December 19, 2023. The Supreme Court confirmed this bail in May 2024, leading to his release. He currently resides in Bandra (West), Mumbai, with his 73-year-old partner, Sahba Hussain. In his plea, Navlakha stated that he and his partner are permanent residents of Delhi, where they have their home, employment prospects, and social connections. He argued that maintaining a stable lifestyle in Mumbai has become extremely difficult, struggling with basic necessities such as food and rent. He also mentioned the difficulty he faced in finding accommodation in Mumbai due to the pending case against him.
The prosecution strongly opposed Navlakha's plea. The special court, presided over by Judge C S Baviskar, acknowledged that it had previously allowed Navlakha to travel with permission. However, it clarified that granting permission to reside permanently in Delhi falls beyond its jurisdiction, as the bail conditions were set by the Bombay High Court. The court stated that it lacked the discretion to allow Navlakha to reside permanently outside the jurisdiction of the High Court, emphasizing the distinction between allowing travel and permitting a permanent change of residence.
Navlakha's plea highlighted his unemployment and financial dependence on friends and family since his release on bail in May 2024. He contended that the trial's prolonged nature necessitates financial stability, making employment crucial. He assured the court of his presence whenever required and pledged not to cause any trial delays. Despite these assurances, the court deemed the application "unnecessary" given the High Court's directives.
The Elgar Parishad case concerns alleged inflammatory speeches delivered at a conclave in Pune on December 31, 2017. Pune police claim these speeches, backed by Maoists, incited caste violence near the Koregaon-Bhima war memorial the following day. Sixteen activists have been arrested in connection to the case, which was later taken over by the NIA. Navlakha remains under scrutiny as the trial continues, restricted to the jurisdiction of the Mumbai court unless granted explicit permission to travel.
