The Bombay High Court on Thursday quashed a cryptic order of
a special court rejecting bail to activist Gautam Navlakha, an accused in the
Elgar Parishad-Maoist links case, and directed the special judge to rehear his
bail plea.
A division bench of Justices A S Gadkari and P D Naik
noted that the special court's order did not contain an analysis of the
evidence relied upon by the prosecution, as it directed the special judge to
conclude the fresh hearing within 4 weeks.
The 70-year-old social activist had moved HC challenging
the September 5, 2022 order under the National Investigation Agency (NIA) Act
refusing him bail on merits.
The high court briefly heard the arguments put forth
by Navlakha's counsel Yug Chaudhary this week but opined that the reasoning in
the order of the special court was cryptic and said it didn't get the benefit
of a reasoned order.
No reason of whatever nature is given. Trial court has
not given reasoning as required under section 43D(5) of Unlawful Activities
Prevention Act (UAPA) while rejecting bail, the bench said on Thursday.
The HC said the bail plea requires a fresh hearing by
the special court and sent it back to the latter.
The special judge is requested to conclude within 4
weeks without being influenced from September 5 order and this order of today.
It is made clear that this court has not made any opinion on merits, HC said.
Navlakha was arrested in August 2018 but was initially
placed under house arrest.
He was later moved to the Taloja Central Prison near
Mumbai in April 2020 after a Supreme Court order.
However, on November 10 last year, the Supreme Court
allowed his plea to be shifted back to house arrest for a month. This was
extended by another month on December 13.
He is presently residing in Navi Mumbai in
Maharashtra's Thane district.
The NIA opposed Navlakha's bail plea by claiming that
he had been introduced to a Pakistan Inter-Services Intelligence (ISI) General
for his recruitment. This shows his nexus with the spy organisation, said the
federal agency.
The case relates to alleged inflammatory speeches made
at the Elgar Parishad conclave held in Pune on December 31, 2017 which the
police claim triggered violence the next day near the Koregaon-Bhima war
memorial on the outskirts of the western Maharashtra city.