20 December,2023 05:07 PM IST | Mumbai | mid-day online correspondent
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The Bombay High Court has emphasized that there is no material on record suggesting that Gautam Navlakha conspired to commit any terrorist act. Navlakha, an accused in the Elgar Parishad-Maoist links case was granted bail on Tuesday.
The division bench, comprising Justices A S Gadkari and S G Dige, issued the bail order on Tuesday, and the full text of the judgment became available on Wednesday.
The High Court, after examining the available material, concluded that there is no evidence of any covert or overt terrorist act attributed to Navlakha. The judgment stated, "From the material on record, it appears to us that no covert or overt terrorist act has been attributed to the appellant (Navlakha)."
Gautam Navlakha, who was arrested in August 2018 in connection with the Elgar Parishad case, was permitted by the Supreme Court to be placed under house arrest in November 2022. Presently residing in Navi Mumbai, Maharashtra, Navlakha's bail has been a subject of legal scrutiny.
The High Court's judgment emphasized that, based on the material presented by the National Investigation Agency (NIA), there are no reasonable grounds to believe that the accusations against Navlakha are prima facie true. The court expressed the opinion that Navlakha's intention, at most, was to commit the alleged crime and that this intention had not transformed into preparation or an attempt to commit a terrorist act.
The court noted that the witness statements suggested Navlakha's association with the Communist Party of India (Maoist), which, if proven, would attract provisions of participating in an unlawful activity and membership of a terrorist organization under sections 13 and 38 of the Unlawful Activities (Prevention) Act, respectively. These sections provide for a maximum punishment not exceeding ten years.
In Photos: Gautam Navlakha granted bail
Regarding the documents mentioning Navlakha's name, the court raised concerns about their probative value, stating that they have "weak probative value or quality." The documents, recovered from co-accused, were considered hearsay evidence and lacked sufficient substance to implicate Navlakha directly.
The High Court also referenced the Supreme Court's order granting bail to co-accused Vernon Gonsalves, highlighting that mere possession of literature, even if advocating violence, does not constitute an offense under the Unlawful Activities (Prevention) Act.
Refuting the NIA's claim of Navlakha's connections with Pakistan's Inter-Services Intelligence (ISI), the court observed that Navlakha's letter seeking clemency for a US-based Kashmiri separatist was written in his individual capacity and not indicative of any illicit affiliations.
Navlakha had spent three years in jail, and the court noted that the trial court had not yet framed charges in the case. Considering the bleak possibility of the trial being concluded in the near future, the High Court deemed it appropriate to grant bail to Navlakha.
The Elgar Parishad case initially revolved around alleged inflammatory speeches made during the conclave held in Pune on December 31, 2017. Pune Police claimed that the conclave had Maoist backing and that the speeches triggered caste violence near the Koregaon-Bhima war memorial in Pune district the following day. Despite the bail, the possibility of further legal challenges looms, as the bench stayed the order for three weeks, allowing the NIA to approach the Supreme Court for an appeal. (With inputs from agencies)
