SC alters conditions to facilitate house arrest
NEW DELHI: The Supreme Court on Tuesday waived the requirement of a solvency certificate in a case involving activist Gautam Navlakha, who was allowed to be placed under house arrest but whose release from jail was delayed over the certificate and other documents.
Navlakha is an accused under the Unlawful Activities Prevention Act (UAPA) for his alleged role in fomenting violence in Maharashtra’s Bhima Koregaon village on January 1, 2018. The NIA which is probing the case against him, has accused him of having links with Maoist outfits.
On November 10, the top court allowed Navlakha, 70, to be placed under house arrest for one month, accepting his plea to be taken out of Taloja Central Jail owing to ailments.
After the order, a district court in Belapur, Navi Mumbai, where he will be placed under house arrest, insisted that he submit a solvency certificate — which is issued by revenue authorities testifying that the person standing surety has the requisite financial capacity — a process that his lawyers said will delay his release by another six weeks.
”Considering the submission and circumstances, we deem it appropriate to waive the requirement of a solvency certificate for the petitioner to avail the benefit of our order dated November 10,” said the top court bench on Tuesday.
“Since other adequate security proofs such as passport, Aadhaar card and PAN card have been provided, the trial court should not insist on a ration card as an additional proof of identity for the benefit of this court’s order,” it added. Navlakha was arrested by NIA in April 2020 and has been lodged at Taloja Central Jail outside Mumbai since then.