The Bombay High Court has granted bail to Delhi-based activist and journalist Gautam Navlakha in the 2018 Pune Elgar Parishad case. Navlakha was booked for alleged Maoist links and under the anti-terror act UAPA. The bail was granted by the HC bench of Justices Ajay Gadkari and S G Dige. However, the bail has been stayed for three weeks on a request made by the counsel for the National Investigation Agency (NIA). The NIA intends to go to the Supreme Court against the grant of bail. Navlakha has been under house arrest in Navi Mumbai since November last year.
In June, the HC had sought a reply from the NIA to a fresh appeal filed by Navlakha after the special trial court in Mumbai declined him relief in April 2023. Navlakha’s counsel, Yug Chaudhry, argued that a case for bail was made out on merits, which was opposed by the NIA.
Navlakha had earlier filed an appeal before the HC after his previous bail plea was rejected by a special court in September 2022. In March this year, the HC directed the special court to conduct a fresh hearing and provide a reasoned order. The high court had observed that the special court’s September order was cryptic and did not consider an analysis of the evidence relied on by the prosecution.
The special NIA judge at the sessions court had rejected Navlakha’s bail plea on merits, stating that there was prima facie evidence of a nexus between him and Syed Gulam Nabi Fai. Fai was convicted by a US court in 2012 for links with the Pakistani spy agency ISI and Navlakha was alleged to be a member of the banned organization – Communist Party of India (Maoist).
The reasoned bail order passed by Justices Gadkari and Dige will be available later.