Even though there is a specific law that defines sealed cover jurisprudence, the concept also finds a mention in Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872
… In the Bhima Koregaon case also, wherein activists were arrested under the Unlawful Activities Prevention Act, the Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover. In the case of activist Gautam Navlakha, the police had submitted a sealed envelope including information recovered from the electronic devices seized from the activist. Read more
Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing
03/03/2023
Sabrang / by Sabrangindia
… Today, in 2023, the Bombay High Court has ordered the case to be heard expeditiously. However, it has been years since the Bhima Koregaon accused have had their freedom stripped from them. There is every probability that the said special court will reject Navlakha’s bail plea again, and then an appeal will again be filed in the upper constitutional courts. Why then, keeping in view the pattern of misuse of the criminal justice system with the aim of harassing human rights defenders, could the High Court not take up the case themselves at this stage itself? Read more
Bombay High Court directs special NIA court to rehear Gautam Navlakha’s bail plea for want of analysis
03/03/2023
The Leaflet / by Sarah Thanawala
The bench directed the special court to conclude the hearing within four weeks.
On Thursday, a division bench of the Bombay High Court, comprising Justices A.S. Gadkari and P.D. Naik, refused to grant regular bail to Gautam Navlakha and directed the special court under National Investigation Agency (NIA) Act to rehear the bail plea for its reconsideration. The bench quashed the special court’s order dated September 5, 2022 that rejected the grant of regular bail to Navlakha. Read more
Bombay High Court quashes NIA court order rejecting bail to Gautam Navlakha; directs rehearing
02/03/2023
Bar & Bench / by Neha Joshi
The High Court opined that the reasoning in the lower court order was very cryptic and did not have analysis of the evidence relied upon by prosecution.
The Bombay High Court on Thursday quashed an order by the special court under the National Investigation Agency (NIA) Act rejecting bail to Bhima Koregaon accused Gautam Navlakha and directed the special judge to rehear the bail plea [Gautam Navlakha v. National Investigation Agency & Ors.]. Read more
Pen mightier than sword but won’t strike terror: Counsel for Gautam Navlaka seeking bail in Bombay High Court
02/03/2023
The Leaflet / by Sarah Thanawala
Advocate Yug M. Chaudhary, appearing for Navlakha, challenged Navlakha’s connection with the alleged terrorist acts.
ON Wednesday, a division bench of the Bombay High Court, comprising Justices A.S. Gadkari and P.D. Naik, continued hearing the regular bail application of Gautam Navlakha. Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad Maoist links/criminal conspiracy case, is charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA). Read more
Bombay High Court Sets Aside Special Court’s “Cryptic” Order Refusing Bail To Gautam Navlakha, Directs To Decide Afresh
02/03/2023
Live Law / by Amisha Shrivastava
Observing that the trial court gave cryptic reasoning while refusing Bhima Koregaon accused Gautam Navlakha’s bail plea, the Bombay High Court on Thursday directed the Special NIA Court to hear and decide the case afresh.
The division bench of Justice AS Gadkari and Justice PD Naik set aside the Special NIA Court’s order rejecting Navlakha’s bail plea. Read more Read/Download Impugned Order
Gautam Navlakha Not Involved With Maoist Party, Rather Suspected By Them To Be A ‘Govt Agent’: Lawyer Tells Bombay High Court
28/02/2023
Live Law / by Sharmeen Hakim
The Communist Party of India (Maoist) suspected senior journalist Gautam Navlakha was a “government agent” who negatively impacted their movement, his counsel argued before the Bombay High Court on Monday.
He cited a document seized from co-accused researcher Rona Wilson’s laptop to demonstrate the CPI(M)’s contempt for Navlakha is diametrically opposite from the UAPA charges NIA has levelled against him of “deep involvement in the activities of the CPI(Maoist) party,” and of connections with the ISI and separatist movement of Kashmir. Read more
Gautam Navlakha seeks bail, cites delay in commencement of trial
28/02/2023
India Today / by Vidya
Gautam Navlakha, an accused in the Elgar Parishad case, sought bail in the Bombay High Court on Monday. Navlakha sought bail after citing a delay in the commencement of the trial.
Gautam Navlakha, an accused in the Elgar Parishad case, sought bail in the Bombay High Court, citing a delay by the prosecution in filing a reply on the discharge application argued months ago.
Highlighting the issue, Yug Mohit Chaudhari representing Navlakha, submitted that there was no prospect of a trial in the case to commence in the near future, adding Navlakhha’s discharge application was argued months ago, but the prosecution is yet to file its reply. Read more
Elgar Parishad case: Proof against Navlakha is his own articles, HC told
28/02/2023
Hindustan Times / by HT Correspondent
The bench was further informed that the applicant was criticised by the government as well as the Maoists for his critical articles were a sure sign of his independence.
The Bombay high court, while hearing the regular bail application of Elgar Parishad accused Gautam Navlakha, was informed that the incriminating evidence showing his connection with the banned CPI (Maoist) group was the articles which he had written as a journalist. Read more
No allegation of Gautam Navlakha committing any act of violence, lawyer tells HC
27/02/2023
National Herald / by pti
A division bench of Justices A S Gadkari and P D Naik is hearing the arguments on the bail plea, and the same will continue on Tuesday.
There is no allegation against Gautam Navlakha of committing any “act of violence” in the voluminous chargesheet filed in the Elgar Parisha-Maoist links case, the activist’s lawyer told the Bombay High Court on Monday.
While arguing for the activist’s bail, the lawyer also said that there was no prospect of the trial in the case to commence in the near future. Read more
[Bhima Koregaon – Elgar Parishad Case]
Bombay High Court is hearing senior journalist Gautam Navlakha’s plea for regular bail. He is currently under house arrest.
Hearing before the bench of Justices AS Gadkari and PD Naik.
Adv Yug Mohit Chaudhary for Navlakha.
Chaurdhry – There are four compilations. In the bail application I have included everything that’s in the charge sheet that I could file against the applicant.
HC – There are three orders of the HC, which one correctly mentions the basic facts?
Chaudhry – I will get back.
Chaudhry – The applicant is 74 yrs. Accused No. 11. He surrendered on 14.4.2020 to NIA in Delhi after his ABA was rejected.
He has been in custody for three years and he is presently under house arrest pursuant to SC’s orders.
Chaudhry – He has been chargesheeted under sections 153A, 120B…
Chaudhry continues correcting the sections from the record.
HC – Where are the actual charges?
Chaudhry – Charges have not been framed. But let us take every word in the chargesheet.
Chaudhry – The four grounds are…
1. THERE is not a single allegation of committing ANY act of violence. Since there is no association of violence in the allegations, then no offence punishable under chapter 4 of UAPA made out.
Chaudhry – The basic ingredient for invocation of chapter 4 of UAPA is a commission, association, abetment or conspiracy to commit a terrorist act. That is not even alleged in this case.
Chaudhry – Therefore nothing involving life imprisonment is even attracted .. at the highest only section 38 & 39 of UAPA may be attracted if the chargesheet is taken as it is. Section 20 of UAPA is not attracted at all.
Chaudhry – There is no description of a terrorist act in this 54 volume chargesheet. There has to be something. It cannot be just imagination.
Chaudhry – Their answer always is he possesses the Maoist Constitution. Can that be a terrorist act? I have written articles critical of Maoist violence. I am a writer and a scholar.
NIA highlights Gautam Navlakha’s ‘Pakistani connect’ to oppose bail in Elgar Parishad case
21/02/2023
India Today / by Vidya
The National Investigation Agency (NIA) has opposed the bail plea of Elgar Parishad accused Gautam Navlakha, claiming that he was an active member of banned terror outfit CPI (Maoist) and had links with a Pakistani secret agent.
The NIA said that Gautam Navlakha sought clemency for an ISI (Inter-Services Intelligence) agent, who was arrested in the US, in an American court…
The bench of Justices AS Gadkari and PD Naik will be hearing Navlakha’s petition on February 27. Read more
Gautam Navlakha was introduced to Pakistan ISI General for recruitment, NIA tells Bombay High Court
21/02/2023
Bar & Bench / by Neha Joshi
The agency claimed that Navlakha was working in urban areas to unite intellectuals against government forces to defeat them “both physically and otherwise.”
Activist Gautam Navlakha was introduced to a Pakistan Inter-Services Intelligence (ISI) General for his recruitment, which shows his nexus to the organisation, the National Investigation Agency (NIA) told the Bombay High Court on Tuesday. Read more
Gautam Navlakha withdraws application seeking to move location of house arrest from Mumbai to Delhi
18/02/2023
The Leaflet / by Sarah Thanawala
Withdrawing the application that sought his transfer from Mumbai to Delhi, Navlakha will now seek another place in Mumbai.
On Friday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, allowed the withdrawal of the application filed by Gautam Navlakha for the transfer of his place of house arrest from Mumbai to Delhi. Read more
Gautam Navlakha Withdraws Application In Supreme Court Seeking Transfer From Mumbai To Delhi
17/02/2023
Live Law / by Rintu Mariam Biju
Gautam Navlakha, an accused in the Bhima Koregaon case, on Friday withdrew his application filed in Supreme Court seeking permission to remain in house-arrest in Delhi instead of Mumbai.
When the matter was called up first, an advocate assisting Solicitor General Tushar Mehta sought a pass over.
“…You understood what you were getting into when you are in Bombay. You accepted it, now you want a change?”, the Division Bench comprising of KM Joseph and BV Nagarathna asked, turning to the petitioner. Read more
Navlakha allowed to speak with daughter for 10 minutes on phone
15/02/2023
The Indian Express / by Express News Service
Navlakha had filed a plea seeking to speak with his daughter, a resident of Spain. Navlakha, an accused in the Elgaar Parishad case, has been under home arrest since last November in Navi Mumbai, following orders of the Supreme Court.
A special court in Mumbai on Tuesday granted activist-journalist Gautam Navlakha permission to speak with his daughter for 10 minutes on the phone of a police personnel. Read more
Supreme Court extends Gautam Navlakha’s house arrest
09/01/2023
The Leaflet / by Sarah Thanawala
The court granted an adjournment in the hearing of the review of its interim order granting house arrest till February 17. Senior advocate Nitya Ramakrishnan sought permission to allow Navlakha to receive an international phone call.
On Monday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, in its review of the interim order granting house arrest to Gautam Navlakha, adjourned the hearing of the matter and extended Navlakha’s house arrest till February 17. Read more
Gautam Navlakha Requests Permission To Attend International Call From Daughter; Supreme Court Seeks NIA Response
09/01/2023
Live Law / by Sohini Chowdhury
On Monday, Advocate, Ms. Nithya Ramakrishnan, appearing on behalf of human rights activist Gautam Navalakha, accused in the Bhima Koregaon case, who is presently in house arrest, sought the permission of the Supreme Court to receive a call from his daughter living in Spain.
The Senior Counsel apprised a Bench comprising Justice KM Joseph and Justice BV Nagarathna, that the Apex Court had permitted Navalakha to make one call per day from NIA’s phone. However, he is not permitted to make international calls. Read more
Number of Jailed Journalists at New Global Record, Seven Behind Bars in India
14/12/2022
The Wire / by The Wire Staff
Six out of the seven jailed journalists are being investigated under or charged under the anti-terrorism law Unlawful Activities Prevention Act.
The number of journalists across the world who have been put behind bars for practising their profession has reached a record high this year, said the Committee to Protect Journalists (CPJ), adding that seven Indian reporters remain behind bars – a record high for the country. Read more
As seven journalists remain jailed, India continues to draw criticism over treatment of media: CPJ
15/12/2022
Scroll.in / by Scroll Staff
In its annual report, the Committee to Protect Journalists said that across the world, a record number of 363 journalists were behind bars as of December 1.
As seven journalists remain imprisoned in India as of December 1, the country continues to draw criticism over its treatment of the media, the Committee to Protect Journalists said on Wednesday. The press body made the comment in its annual census of jailed journalist across the globe. Read more
SC extends interim order granting house arrest to Gautam Navlakha till second week of January
Bombay High Court seeks response from NIA on regular bail plea by Gautam Navlakha
14/12/2022
Bar & Bench / by Neha Joshi
The Bombay High Court on December 12 issued notice to the National Investigation Agency (NIA) in the regular bail plea filed by Delhi activist Gautam Navlakha who is one of the accused in the 2018 Bhima Koregaon case.
Navlakha moved the High Court after a special NIA court rejected his bail plea on September 5 this year.
A bench of Justices AS Gadkari and PD Naik sought the response of NIA and posted the matter for further consideration on January 9, 2023. Read more
Supreme Court extends interim order granting house arrest to Gautam Navlakha
14/12/2022
The Leaflet / by Sarah Thanawala
The Court allowed its grant of house custody to extend till the second week of January.
ON Tuesday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, in its review of the interim order granting house arrest to Gautam Navlakha, extended the grant of house custody until the second week of January.
Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967. During his custody as an undertrial prisoner, a charge sheet was filed on October 9, 2020, and charges are yet to be filed by the court. Read more
SC Extends House Arrest of Activist Gautam Navlakha Till Second Week of January
13/12/2022
The Wire / by The Wire Staff
The 70-year-old was named as an accused in the Elgar Parishad case by the National Investigation Agency, which has also arrested several activists, scholars and lawyers in connection with it.
The Supreme Court on Tuesday, December 13, extended till second week of January its interim order placing activist Gautam Navlakha under house arrest. Read more
SC further extends activist Gautam Navlakha’s house arrest
13/12/2022
India Today / Maneesha Mathur
Human rights activist Gautam Navlakha’s house arrest has been extended till the second week of January. He is an accused in the Bhima Koregaon case.
The house arrest of human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case, has been extended till the second week of January. The matter was listed before the Supreme Court for interim orders. Read more
Gautam Navlakha by Bar & Bench (Dec 13, 2022):
#SupremeCourt to hear plea by Bhima Koregaon accused Gautam Navlakha, in connection with the terms of his house arrest allowed by the top court.
Gautam Navlakha moves HC seeking regular bail
13/12/2022
Hindustan Times / by HT Correspondent
Civil rights activist Gautam Navlakha on Monday moved the Bombay high court seeking regular bail in the Elgar Parishad–Bhima Koregaon violence case.
Earlier, a special NIA court had on September 5 rejected the regular bail plea of the 70-year-old, who is presently under house arrest on medical grounds in Navi Mumbai. Read more
Bombay High Court Issues Notice On Gautam Navlakha’s Bail Appeal In Bhima Koregaon case
12/12/2022
Live Law / by Amisha Shrivastava
Journalist and activist Gautam Navlakha, who is an accused in the Bhima Koregaon Elgar Parishad case, has approached the Bombay High Court in appeal against rejection of his bail application by the trial court.
The division bench of Justice AS Gadkari and Justice P. D. Naik on Monday issued notice to the NIA in the case. Read more
The remaining 11 continue to languish in jail — Who are they and what is the status of the case against them?
Anti-caste writer Anand Teltumbde, who walked out of jail on Saturday, 26 November, after he was granted bail on merits in connection with the Bhima Koregaon-Elgar Parishad case said:
“I am definitely happy. It has been 30 months that I have been in prison. The sad part, however, is that we had to spend time in jail after being booked in a fake case.”
In the same case, two others, poet Varavara Rao and lawyer-activist Sudha Bharadwaj – were granted bail earlier due to different reasons, while academic Gautam Navlakha was allowed house arrest on health grounds by a 19 November Supreme Court order. Read more
