Bhima Koregaon violence: NIA court rejects default bail plea of activist Gautam Navlakha

A special NIA court in Mumbai on Sunday rejected the default bail plea of activist Gautam Navlakha in the Bhima Koregaon-Elgar Parishad case. He had sought default bail under Section 167 of the CrPC claiming that he has been in custody over 90 days without any chargesheet being filed. While dismissing Navlakha's petition, he rejected the contention that the period of house arrest can be included in the detention time.

Moreover, the court ruled that the activist was never under the detention of police for investigation during house arrest. Navlakha was remanded to NIA custody for 10 more days. Additionally, the court also accepted the NIA's plea seeking an extension of 90 to 180 days to file the chargesheet against Navlakha and another accused Anand Teltumbde. 

Read: Bhima Koregaon: SC Sets Aside Delhi HC Order For Production Of Records, Says It Has No Jurisdiction

Navlakha was kept under house arrest between August 29 and October 1 in 2018. Currently lodged in Navi Mumbai's Taloja jail, he had surrendered before the NIA on April 14, 2020. During the hearing, his counsel argued that the prosecution had failed to submit its chargesheet within the stipulated period of 90 days. Observing that the application for default bail was not maintainable in this case, Additional Solicitor General of India Anil Singh informed the court that house confinement cannot be considered as custody as per Section 167 of the CrPC. 

Read: Bhima Koregaon: SC Stays Bail Proceedings Of Gautam Navlakha Before Delhi HC

Bhima Koregaon-Elgar Parishad case

Violence had erupted at Koregaon-Bhima village in Pune district on January 1, 2018, where supporters had gathered to commemorate the 200th anniversary of the Battle of Bhima Koregaon. This resulted in the death of one person and leaving several injured. The Pune Police accused activists such as Gautam Navlakha, Sudha Bharadwaj, Shoma Sen, Arun Ferreira, and Vernon Gonsalves, Surendra Gadling, Sudhir Dhawale, P Varavara Rao, Anand Teltumbde, etc. of having links with the Maoists and organising the Elgar Parishad event, which allegedly incited the violence. In January 2020, the case was transferred to the NIA.

Read: Bhima Koregaon Case: Delhi HC Pulls Up NIA For 'frantic Transfer' Of Navlakha To Mumbai

The legal battle

In 2019, a Pune sessions court rejected the anticipatory bail plea of Teltumbde and Navlakha. They later approached the Bombay High Court which gave them interim protection from arrest while their petitions were being heard. However, after the Bombay HC refused to give any relief, they moved the apex court.

On March 9, the SC directed them to surrender within three weeks. This was extended by another week. During the final hearing, the counsel for the activists had argued that going to jail amid the COVID-19 crisis was akin to a death sentence. But the SC bench comprising Justices Arun Mishra and Indira Banerjee stated that the activists would not be granted further time beyond April 14 to surrender. 

Read: Bhima Koregaon Case: Gautam Navlakha Moves Delhi HC, Seeks Interim Bail On Medical Grounds