SC sets aside order by HC against NIA on Navlakha

The Supreme Court on Monday set aside the Delhi high court order to the National Investigation Agency to place before it records of the case relating to the warrant by a Mumbai court for the production of civil rights activist Gautam Navlakha, 65, who is now in custody with five others for allegedly inciting violence at Bhima Koregaon near Pune in January 2018.

Setting aside the high court order, a bench headed by Justice Arun Mishra expunged the high court’s observations critical of the NIA. The high court had pulled up the NIA for its “unseemly haste” to move Mr Navlakha out of Delhi and produce him before the trial court in Mumbai.

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The Supreme Court on Monday set aside an order passed by Delhi high court asking the National Investigation Agency to produce judicial records on transfer of civil rights activist Gautam Navlakha from Delhi to Mumbai. Navlakha has been arrested in connection with the Koregaon Bhima case.

A bench comprising Justices Arun Mishra, Navin Sinha and Indira Banerjee observed that the Delhi high court had no jurisdiction in entertaining Navalakha’s bail plea and held that courts in Mumbai had the jurisdiction in the case.

The apex court not only set aside the Delhi HC order but also expunged it’s adverse remarks against the NIA made in May 27 order while dealing with the bail plea. The Delhi HC had earlier reprimanded the probe agency for acting in “unseemly haste” in taking away Navlakha from Delhi to Mumbai at the time when his bail application was pending in the national capital.

On Monday, during hearing, Solicitor General Tushar Mehta on behalf of the NIA had contended that at the time when Navlakha surrendered in pursuance to top court order Delhi was under lockdown. He also informed the court that NIA later had moved the trial court in Mumbai seeking his production warrant as Navlakha was in judicial custody in Tihar Jail. He was then produced before the trial judge in Mumbai based on the production warrant and the Delhi HC was duly informed about updates.

SG Mehta also pointed out before the court that Navlakha was taken to Mumbai after the lockdown was lifted and hence the observations made by the HC were uncalled for. The SC said that the Delhi HC should not have entertained the matter.

Gautam Navlakha was arrested in August 2018 by the Pune Police from his Delhi residence in connection with the violence at Koregaon Bhima village in Pune district on January 1, 2018.