Navlakha gets protection from arrest till Oct 15

The Supreme Court on Friday granted interim protection from arrest till October 15 to Delhi-based journalist and human rights activist Gautam Navlakha and issued notice on his petition to quash an FIR registered against him for allegedly inciting violence at Koregaon Bhima village in Pune on January 1, 2008.

He is also charged with a secret Maoist conspiracy hatched to kill Prime Minister Narendra Modi.

After five judges, including Chief Justice of India Ranjan Gogoi, recused themselves from hearing the case, the matter was placed on Friday before the Bench of Justices Arun Mishra and Deepak Gupta, which agreed to provide protection from arrest till October 15 since the case can't be taken up early in view of the Dussehra holidays next week.

Navlakha has come in appeal against the Bombay High Court's refusal to quash the FIR against him that accuses him of links with banned Naxal groups. He was booked under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC), including waging a war against the state and sedition.

While dismissing his plea to quash the FIR, the High Court had granted him interim protection from arrest to enable him to move the Supreme Court in appeal that was lapsing on Friday. His counsels had feared before another Apex Court Bench on Thursday that he may be arrested unless his case is decided or some relief granted on Friday.

The High Court had refused to quash the FIR on the prima facie ground of sufficient material with police to continue probe against Navlakha.

Notice was issued to the Maharashtra Government for reply before the next hearing on October 15 at 3 PM. The Court agreed to issue notice and provide interim protection to Navlakha against arrest after an hour-long arguments by senior advocate Abhishek Manu Singhvi.

The State of Maharashtra had filed a caveat in the Supreme Court on September 16 in this case.

Gautam Navlakha and four other activists were implicated after an Elgar Parishad meeting held on December 31, 2017 allegedly provoked violence at the Koregaon-Bhima village in Pune the next day.

Others booked with him are: Telugu writer and poet Varavara Rao from Hyderabad, human rights lawyer Arun Ferreira and activist Vernon Gonsalves from Mumbai and trade unionist Sudha Bharadwaj from Faridabad off Delhi. Pune Police is alleging Elgar Parishad-Maoist links behind the violence at Koregaon-Bhima village.

Singhvi submitted that Navlakha was a renowned activist and a respected journalist. Justice Mishra, heading the Bench, wanted to know why he was espousing the cause of Maoists. Singhvi explained that he was not associated with any banned organisation and in fact he always condemned violence as a member of the PUDR (Peoples Union for Democratic Rights) that fights for human rights.

The Bombay HC had refused to quash the FIR on the prima facie ground of sufficient material with police to continue probe against Navlakha