The Bombay High Court on Wednesday permitted human rights activist Gautam Navlakha, currently out on bail in the Bhima Koregaon UAPA case, to relocate and reside in New Delhi for the duration of the ongoing legal proceedings.
The court imposed specific conditions, including that Navlakha must not leave Delhi without prior permission from the trial court and is required to surrender his passport to the appropriate authorities. A division bench comprising Justices Bharati H. Dangre and Shyam C. Chandak reviewed Navlakha’s plea contesting a June 2025 order from a special court that had denied him similar relief.
As part of the bail conditions, Navlakha is mandated to report every Saturday at the Kalkaji police station, located near his new residence in Delhi. He must also appear before the special court designated under the National Investigation Agency (NIA) Act for the framing of charges, as well as on all significant court dates unless specifically excused from attendance.
During the hearing, the bench noted, “We are conscious that you are entitled to your liberty (since out on bail), but you are not a free man yet, so reporting once a week is not very difficult.”
Navlakha, who was granted bail in December 2023 by the High Court, was initially instructed not to leave the jurisdiction of the Mumbai court without permission. This order was upheld by the Supreme Court of India in May 2024, allowing him to be released and reside with his partner, Sahba Husain, in Mumbai.
The High Court suggested that relief should be granted, recognizing that a person on bail, especially at the age of 73, might feel “lost and uprooted from his society and friends.” The bench observed that there was no evidence indicating that Navlakha posed a flight risk.
Advocate Yug Mohit Chaudhry, representing Navlakha, argued that he had been facing high living costs in Mumbai and had been financially dependent on friends and family since his release. He requested permission for Navlakha to remain in Delhi, emphasizing that the trial had not yet commenced and could take an extended time to conclude.
Conversely, Additional Solicitor General Anil Singh, along with advocate Chintan Shah representing the NIA, opposed Navlakha’s plea. They argued that granting such relief could set a precedent that other accused individuals from various states might exploit, potentially disrupting the trial process.
Navlakha’s involvement in the Elgaar Parishad case stems from accusations that he, along with other intellectuals, participated in a meeting on December 31, 2017, in Pune. Authorities allege that inflammatory speeches made during this meeting incited violence at the Bhima Koregaon war memorial the following day.
He faces charges of conspiracy, sedition, and waging war against the state, framed under multiple provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). Arrested in April 2020, Navlakha had previously been placed under house arrest starting in 2018.
Due to his health concerns and advancing age, the Supreme Court ordered his transfer from Taloja prison in Navi Mumbai to house arrest in November 2022, mandating payment of Rs 20 lakh to the NIA for constant surveillance.
In May 2024, Navlakha was granted regular bail, contingent upon his residence in Mumbai.
The article titled “Bhima Koregaon case: Bombay High Court allows Gautam Navlakha to move to Delhi while on bail” originally appeared on Maktoob Media.
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