Special NIA court rejects Gautam Navlakha plea to permanently reside in Delhi

Mumbai: Observing that “permanently residing outside the court’s jurisdiction is a completely separate matter from merely traveling beyond it”, a special NIA court on Thursday rejected a plea by journalist Gautam Navlakha, an accused in the Elgar Parishad case, seeking permission to permanently reside in Delhi.

Citing financial strain, unemployment, and an ailing 86-year-old sister, Navlakha moved the plea in April. “Since the high court has not granted such liberty either to the accused or to this court as well, this unnecessary application deserves to be rejected,” the judge said.The court said that the Bombay high court, while imposing conditions on the accused and releasing him on bail, directed him “not to travel outside the jurisdiction of the court without prior permission of the trial court”.“It simply means that the Bombay high court pleased to give liberty to this court to allow the accused to travel beyond the territorial jurisdiction of the court if the reasons of the accused are thought fit for that. The high court has not granted discretion to this court to allow the accused to reside permanently outside the jurisdiction,” the judge said.Navlakha, who was initially granted bail in 2023 but released from custody in 2024, is currently residing in Bandra (West).

The plea said that the 72-year-old and his partner, Sahba Hussain (73), are permanent residents of Delhi, where they have their home, employment, and social connections. The prosecution strongly opposed the plea.“Over time, it has become uneconomical and burdensome for him to cope with the increasing finances. He has been struggling to meet up with the basic necessities such as house rent, bread and butter, travel, etc.

Both of them are surviving out of their savings,” the plea submitted through advocate Wahab Khan said. Navlakha was initially arrested in Delhi on April 14, 2020, and has been living in Mumbai since his release. The court directed the NIA to submit its reply.The plea said that Navlakha and Hussain struggled to find accommodation in Mumbai for about four months due to his pending case. “Prior to his arrest, the applicant-accused was an eminent journalist based in Delhi.

During his stay in Mumbai, the applicant-accused has been unemployed and financially dependent on friends and family to date. With time, it has become extremely difficult for him to sustain a stable lifestyle in Mumbai,” the plea said.

It cited Navlakha’s pending personal matters in Delhi and his familiarity with the area and the city. “The applicant-accused has a long-pending trial to face which requires finances.

Hence, it is crucial for him to be employed and financially stable,” the petition said.Through the plea, Navlakha also assured the court he will report to the nearest police station in Delhi. “The applicant-accused shall make himself available to the investigating officer as and when required. The applicant-accused undertakes that he will make himself available and present before this court as and when required.

He undertakes that his absence will not cause any delay in trial or any sort of further investigation,” the petition said.The NIA has alleged the Dec 31, 2017, Elgar Parishad at Shaniwarwada, Pune, was funded by Kabir Kala Manch activists and allegedly provocative speeches were made that promoted enmity between groups that eventually led to violence the following day at Koregaon Bhima.