A special National Investigation Agency (NIA) court has rejected a plea by activist Gautam Navlakha, an accused in the Elgar Parishad case, seeking permission to reside permanently in Delhi. The court cited jurisdictional constraints imposed by the Bombay High Court as the reason for denying his request.
Navlakha, who is currently residing in Bandra (West), Mumbai, sought to relocate to Delhi, stating financial strain, unemployment, and the health of his 86-year-old sister as reasons. He argued that he and his partner, Sahba Hussain, are permanent residents of Delhi, where they have their home, employment, and social connections. According to his plea, Navlakha, aged 72, and Hussain, aged 73, have found it increasingly difficult to manage financially in Mumbai, struggling to meet basic necessities like rent, food, and travel expenses. They claimed to be surviving on their savings. The plea, submitted through advocate Wahab Khan, also mentioned the difficulties Navlakha faced in finding accommodation in Mumbai due to his pending case. He assured the court that he would report to the nearest police station in Delhi if allowed to relocate.
The court, however, emphasized that "permanently residing outside the court's jurisdiction is a completely separate matter from merely traveling beyond it." Special Judge Chakor Bhaviskar stated that the Bombay High Court, while granting bail to Navlakha in December 2023 and releasing him from custody in 2024, had directed him "not to travel outside the jurisdiction of the court without prior permission of the trial court." The special NIA court interpreted this to mean that while it could grant permission for travel outside its jurisdiction, it did not have the discretion to allow Navlakha to reside permanently outside the jurisdiction. The judge added, "Since the high court has not granted such liberty either to the accused or to this court as well, this unnecessary application deserves to be rejected."
The prosecution strongly opposed Navlakha's plea. The court also noted that Navlakha was initially arrested in Delhi on April 14, 2020, and has been living in Mumbai since his release on bail. During his stay in Mumbai, Navlakha has reportedly been unemployed and financially dependent on friends and family. His plea highlighted the difficulties he faces in sustaining a stable lifestyle in Mumbai, as well as his pending personal matters and familiarity with Delhi. He emphasized the importance of employment and financial stability, considering his ongoing trial.
