Gautam Navlakha medical reports prepared by hospital where relative is head: NIA moves Supreme Court to cancel house arrest

The National Investigation Agency (NIA) has moved the Supreme Court to vacate its November 10 order calling for the house arrest of Bhima Koregaon accused Gautam Navlakha..The plea by NIA was mentioned on Thursday by Solicitor General Tushar Mehta before a Bench headed by Chief Justice of India DY Chandrachud. .The NIA has sought vacation of Navlakha's house arrest order primarily on three grounds: deliberate suppression of material facts, deliberate acts amounting to abuse of process of law and bias regarding the activist's medical report, on the basis of which the Court granted house arrest..The application states that Navlakha's medical records were vitiated by bias, since they were prepared at a hospital where the head doctor is related to him."...Dr S Kothari has been associated with Jaslok Hospital since 1979 ie. about 43 years. It is not unreasonable to assume that the said doctor, being on a very senior position in the said hospital, would yield considerable influence in the said hospital. It is submitted that considering the fact that a senior doctor of the said hospital is directly related to the Petitioner and was a part of the preparing medical report of the Petitioner, that a clear case of personal bias vitiates the said report, has been made out by the Respondent," reads the application..The NIA also argued that the order of November 10 was based on the reasoning that the location of house arrest would be residential in nature. However, the agency points out that the location preferred by Navlakha is a public library under the control of a political party. It has a ground floor, hall on the first floor, an open terrace and three entrances through the main gate. The building is in the name of the Secretary of the Communist Party, who manages the same, the agency found."...it is inconceivable how the house arrest of a person who is accused of Maoist activities be carried out in a building which is a public library registered in the name of political party i.e. the Communist Party," reads the application..Navlakha had filed an application before the apex court stating that the authorities were not complying with the November 10 order.Earlier today, Senior Advocate Nitya Ramakrishnan, appearing for the activist, told the Court,"They were supposed to inspect premises within 48 hours and not within 96 hours and the order was on November 10. The order is not being followed.".On November 10, the Supreme Court had allowed Navlakha to be shifted to house arrest from jail for a month, subject to certain conditions.He was asked to deposit an amount of ₹2.4 lakh as expenses for his security cover when he is under house arrest."We would thus think that he should be allowed to be placed for house arrest for a period of one month. There will be armed escorts to monitor that there is no misuse of the house arrest," a Bench of Justices KM Joseph and Hrishikesh Roy had ordered.The Court had also directed that Navlakha shall not be permitted to use a computer, internet or any other communication device while under house arrest.Subsequently, Navlakha had moved the Court seeking waiver of the requirement of a solvency certificate towards local surety as part of the terms of house arrest. This plea was allowed by the top court on October 15.