Bhima Koregaon: SC stays bail proceedings of Gautam Navlakha before Delhi HC

In what comes as a setback to Gautam Navlakha, the Supreme Court on Tuesday stayed the ongoing proceedings before the Delhi HC which were arising out of the plea for interim bail filed by Navlakha seeking bail on medical grounds.  The grounds in the SLP go to the root of the exercise of jurisdiction by the Delhi High Court. Hence the stay of proceedings.

The National Investigation Agency (NIA) had approached the Supreme Court challenging an earlier order of the Delhi HC in which the High Court had asked for the trial court records from Mumbai, questioning NIA's transfer of Navlakha from Delhi to Mumbai, stating that the NIA had acted "in unseemly haste and frantic manner in whisking away Gautam Navlakha to Mumbai". Solicitor General Tushar Mehta appeared for the Appellant with Aman Lekhi, Kanu Agrawal and Swati Ghildiyal.

The NIA had stated before the Supreme Court that the Delhi HC was acting in lack of jurisdiction in summoning the Court records from the NIA Court in Mumbai. The investigation agency stated that Gautam Navlakha was being "charged by an authority outside the territorial jurisdiction of the Delhi HC" and that "the accused is currently in judicial custody by virtue of a remand order passed by the NIA Court, Mumbai".

READ: Bhima Koregaon Case: Gautam Navlakha moves Delhi HC, seeks interim bail on medical grounds

READ: Bhima Koregaon case: SC seeks reply of Gautam Navlakha on NIA's plea

'Delhi HC had no territorial jurisdiction'

The Supreme Court today agreed to stay the proceedings before the Delhi High Court on NIA's appeal. A bench comprising of Justices Arun Mishra, Abdul Naseer and Indira Banerjee also issued notice to Gautam Navlakha, seeking his response within 15 days on the appeal filed by the NIA challenging the Delhi HC order.

Solicitor General Tushar Mehta appearing for the NIA told the Supreme Court that the Delhi HC had no territorial jurisdiction in the case and moreover, the Supreme Court had previously denied relief to Navlakha on the same issue. In addition to this, an appeal against the trial court order can only be heard by a Division Bench of the HC, which means that it has to be a bench of two judges. Therefore, the issuance of notice by the single-judge bench of the HC was illegal at the very face of it and ought to be quashed.

Earlier, the single-judge bench of Justice Anup Bhambhani of the Delhi HC had called for the records of the application moved before the NIA Court seeking an extension of Gautam Navlakha's judicial custody. The matter will now come up for hearing after 15 days.

READ: Bhima Koregaon case: Delhi HC pulls up NIA for 'frantic transfer' of Navlakha to Mumbai

READ: HC says NIA acted in haste in taking Navlakha to Mumbai