SC stays HC proceedings on Gautam Navlakha
NIA questions territorial jurisdiction of Delhi HC in Bhima-Koregaon case
The Supreme Court on Tuesday stayed proceedings before the Delhi high court relating the interim bail plea by Gautam Navlakha, one of the accused in the 2018 Bhima Koregaon violence case.
Seeking response from Navlakha, a bench comprising Justice Arun Mishra, Justice S. Abdul Nazeer, and Justice
Indira Banerjee stayed the high court proceedings in the matter as the National Investigation Agency (NIA) questioned the territorial jurisdiction of the Delhi high court. “Issue notice. Until further orders the proceedings before the high court shall remain stayed. List after fifteen days,” said the brief order passed by the top court on Tuesday.
The NIA has described as erroneous the high court order, which says that prima facie it appears that the NIA has acted in an “unseemly haste” and “frantic hurry” in “whisking away” Gautam Navlakha to Mumbai.
The NIA told the top court that when the bail application was listed before the high court on May 22, 2020, the single judge was categorically informed that “the investigation in the present case is pending with the NIA, Mumbai, and therefore the investigating agency plans to transfer the accused to Mumbai, step for which is likely to be taken soon in view of opening up of air travel after obtaining necessary orders from the competent court.”
The said statement was duly recorded in the May 22, 2020, order, the NIA told the top court. Yet, in its May 27, 2020, order, the high court held that the NIA acted in an “evident haste” in “whisking away” Navlakha to Mumbai.
Navlakha, along with Sudha Bhardwaj, Varavara Rao, Vernon Gonsalves, and Arun Ferreira, is accused in the Bhima Koregoan violence case. Most of them are accused of having alleged links with the outlawed Communist Party of India (Maoist).