Bhima Koregaon: Bombay HC reserves order on plea by Gautam Navlakha to quash FIR against him

The Bombay High Court today reserved its order on a plea filed by civil rights activist Gautam Navlakha seeking to quash the FIR filed against him by the Pune Police..The Division Bench of Justices Ranjit More and Bharati Dangre also directed that the continued interim protection from arrest given to Navlakha will continue until the order is pronounced..Navlakha is accused of having links with Naxal groups..During the course of hearing, Justice More observed that some of the documents given by police indicate that Navlakha is innocent whereas other documents may need an investigation..“We’ll apply our mind and pass an order“, Justice More said..Appearing for Navlakha, advocate Yug Mohit Chaudhary contended today that Navlakha was not a member of the banned Maoist group, Communist Party of India (Maoist) as claimed by the Pune Police. He argued,.“Maoists had earlier said that Navlakha is a peace activist and acting against their interests. How can such a person be a member of that party?“.Chaudhary further argued that the FIR has not been filed on any evidence, but rather with prejudice and to cause fear among activists. He also argued that the letters produced by the Pune Police were Maoist propaganda..Chaudhary submitted that Navlakha cannot be implicated in the grave charges under the Unlawful Activities (Prevention) Act (UAPA) based on evidence produced by the Pune Police in form of letters allegedly recovered from the laptops of Navlakha and the other co-accused..To this submission, Justice Dangre pointed out that Section 13 of the UAPA also penalises the advocating, abetting and advising of unlawful activities..“Can you say that someone who drops the bomb is an only terrorist and liable for terrorism offences. There are abetters too,” Justice Dangre remarked..“How do we pretend that no offence prima facie has been committed at all,” he added..On Wednesday, the Pune Police, represented by Additional Public Prosecutor Aruna Pai, had made a controversial claim that Gautam Navlakha was in touch with the banned organization Hizbul Mujahideen and Kashmiri separatists..Gautam Navlakha was in contact with Hizbul Mujahideen and Kashmiri separatists, Pune Police before Bombay HC.The Pune Police had also argued that Navlakha was associated with urban activities of the banned Communist Party (Maoist) and that he has helped in strengthening the party cadre..Gautam Navlakha and four other activists were implicated after an Elgar Parishad meeting held on December 31, 2017, that allegedly provoked violence at the Koregaon-Bhima village in Pune the next day..Navlakha was booked under provisions of the Unlawful Activities (Prevention) Act (UAPA) and Sections 121, 121 (a), and 124 of Indian Penal Code (IPC), amounting to waging a war against the State, conspiring to commit certain offences against the State, and sedition..On June 12, after perusing documents submitted by the prosecution, Justice More had observed that there is no prima facie case against Gautam Navlakha..The prosecution subsequently submitted more documents to the court in a sealed cover. After perusing them, the Court has said that there is “nothing secretive” about these documents and that the same could be given to Navlakha. However, the Pune Police refused to reveal the same to Navlakha..Gautam Navlakha had earlier moved the Delhi High Court soon after he was arrested on August 28 last year. In his Habeas Corpus petition, Navlakha had challenged the manner of his arrest and the subsequent transit remand order passed by the CMM..The matter had even reached the Supreme Court in September. The Court had stayed the arrest of Navlakha and four other activists, and later extended the same..On October 1, last year, the Delhi High Court set aside the transit remand order passed by Chief Metropolitan Magistrate (CMM), Delhi. The State of Maharashtra then filed an appeal against this order in the Supreme Court. While keeping the matter pending, the Apex Court had asked the Bombay High Court to expeditiously deal with Navlakha’s petition seeking to quash the FIR filed against him..The matter then moved to the Bombay High Court, which on October 27, granted interim relief against arrest to Navlakha..Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.