Highlights

  • Gautam Navlakha gets bail from HC
  • No proof of any terrorist act: HC
  • Bail order stayed for 3 weeks

Latest news

Asus Pad T3201 Review: OLED Brilliance Meets Everyday Mid-Range Power

Asus Pad T3201 Review: OLED Brilliance Meets Everyday Mid-Range Power

Qualcomm Showcases Snapdragon 8 Elite Gen 6 Chips At IMC 2026, Teases New Flagships

Qualcomm Showcases Snapdragon 8 Elite Gen 6 Chips At IMC 2026, Teases New Flagships

Shokz Diwali Sale Brings Discounts On Open-Ear Headphones Across Amazon And Flipkart

Shokz Diwali Sale Brings Discounts On Open-Ear Headphones Across Amazon And Flipkart

iQOO 16 Confirmed For India With Snapdragon 8 Elite Extreme Gen 6 And OriginOS 7

iQOO 16 Confirmed For India With Snapdragon 8 Elite Extreme Gen 6 And OriginOS 7

ASUS Announces Festive Discounts Across Laptops, Gaming PCs And Tablets

ASUS Announces Festive Discounts Across Laptops, Gaming PCs And Tablets

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

Emotion, tears as Messi retires from Argentina national team

Emotion, tears as Messi retires from Argentina national team

Rajpal Yadav tells CJI Surya Kant his legal troubles inspired film title ‘Solah Sawan Jhel Ke’

Rajpal Yadav tells CJI Surya Kant his legal troubles inspired film title ‘Solah Sawan Jhel Ke’

Elgar Parishad case | No proof that Gautam Navlakha committed terrorist act: HC

Activist Gautam Navlakha, who has been accused in the Elgar Parishad case, was granted bail by Bombay High Court. However, the bail order has been stayed for three weeks during which NIA can challenge it in the Supreme Court.

Elgar Parishad case | No proof that Gautam Navlakha committed terrorist act: HC

The Bombay High Court in its judgment granting bail to activist Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case, has noted that there was no material on record to infer prima facie that he conspired to or committed any terrorist act.

A division bench of Justices A S Gadkari and S G Dige granted bail to Navlakha on Tuesday. The full text of the judgement became available on Wednesday.

"From the material on record, it appears to us that no covert or overt terrorist act has been attributed to the appellant (Navlakha)," the high court said.

Also watch: Liquor policy case | Summons illegal, politically motivated, Kejriwal tells ED: report

Navlakha, arrested in the case in August 2018, was in November 2022 permitted by the Supreme Court to be placed under house arrest. He is presently residing in Navi Mumbai, Maharashtra.

While granting him bail, the bench stayed the order for three weeks so that the National Investigation Agency (NIA) could approach the Supreme Court in appeal.

"We are of the prima facie opinion that on the basis of the material placed before us by the NIA, it cannot be said that there are reasonable grounds for believing that the accusation against the appellant is prima facie true," the judgement said.

"According to us, the record prima facie indicates that it was at the most the intention of the appellant to commit the alleged crime and not more than it. The said intention has not been further transformed into preparation or attempt to commit a terrorist act," the court said.

The witness statements at the most indicated that Navlakha was a member of the CPI (Maoist) which would attract only the provisions of sections 13 (participating in an unlawful activity) and 38 (membership of a terrorist organization) of the Unlawful Activities (Prevention) Act, the judges noted.

Both these sections provide for a maximum punishment not exceeding ten years.

The court also remarked that the documents, which have not been recovered from Navlakha but mention his name, have "weak probative value or quality".

"The content of these letters/documents through which the appellant is sought to be implicated are in the form of hearsay evidence, as they are recovered from co-accused," it said.

Through these documents and communications, the NIA was trying to establish Navlakha's association with the activities of a terrorist organization.

"The actual involvement of the appellant in any terrorist act cannot be even inferred from any of the communications and or statements of the witnesses. According to us, there is no material to infer conspiracy to commit an offence as contemplated under Chapter IV of the UAPA (terrorist activities)," the HC said.

It cannot even be said at this stage that the provisions of sections 15 (terrorist act), 18 (conspiracy) or 20 (being member of a terrorist organization) can be "prima facie" applied to Navlakha, it said.

The bench also cited the Supreme Court order granting bail to co-accused Vernon Gonsalves which said mere possession of literature, even if the content thereof inspires or propagates violence, by itself cannot constitute any offence under the UAPA.

"Therefore, in the present case, the said documents which have been recovered from the appellant (Navlakha) such as Agenda or Constitution of the Party or other related documents, which allegedly propagated violence, would not attract the provisions of section 15 of the UAPA (terrorist act)," the court said.

Also watch: Parliament security breach | Former Karnataka DSP's son detained: reports

In some of the documents and letters addressed to each other by the co-accused, the name "Gautam" could be another person by the name Gautam @ Sadha who is a central committee member of the CPI (Maoist), it said.

"Therefore, it cannot be safely inferred that it is the appellant (Navlakha) who has been referred to in those documents. At this stage prima facie, we cannot presume that 'Gautam' is the same person as the identity of the said 'Gautam' is yet to be established beyond reasonable doubt by the prosecution," the HC said.

Referring to the documents submitted by the NIA where the writers have expressed their intention to cause fatality to politically influential persons or cause tremendous disturbance in society at large, the court said, "The appellant only being a member of the party cannot be prima facie held to be a co-conspirator to it." The court also refused to accept the NIA's claim that Navlakha had connections with Pakistan's Inter-Services Intelligence (ISI) as he had written a letter to a US court judge seeking clemency for Ghulam Fai (a US-based Kashmiri separatist).

It appeared that Navlakha had written the letter in his individual capacity, and at the most it can be said, being a member of his party, the judges said.

He was in jail for three years and the trial court was yet to frame charges in the case, and hence the possibility of the trial being concluded in near future was very bleak, the court said.

The case against Navlakha and others originally related to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017. Pune Police, who probed the case initially, claimed that the conclave had been backed by the Maoists, and the speeches triggered caste violence the next day near the Koregaon-Bhima war memorial in Pune district.

Frequently Asked Questions

The Elgar Parishad-Maoist links case is a legal case in which activist Gautam Navlakha was accused of having links to Maoist activities and of being involved in inflammatory speeches that allegedly triggered caste violence.

ADVERTISEMENT

Up Next

Elgar Parishad case | No proof that Gautam Navlakha committed terrorist act: HC

Elgar Parishad case | No proof that Gautam Navlakha committed terrorist act: HC

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

AAP stages ‘vote theft’ protest in Delhi, workers stopped by police barricades

AAP stages ‘vote theft’ protest in Delhi, workers stopped by police barricades

INDIA bloc protest: Heavy security in place at Jantar Mantar ahead of MPs’ march

INDIA bloc protest: Heavy security in place at Jantar Mantar ahead of MPs’ march

INDIA bloc MPs head to Jantar Mantar, demand CEC Gyanesh Kumar’s resignation

INDIA bloc MPs head to Jantar Mantar, demand CEC Gyanesh Kumar’s resignation

Delhi residential building collapses in New Seemapuri, no casualties reported

Delhi residential building collapses in New Seemapuri, no casualties reported

ADVERTISEMENT

editorji-whatsApp

More videos

BJP holds ‘Viksit Bharat Sankalp Sabhas’, torch rallies marking PM Modi’s 25 years

BJP holds ‘Viksit Bharat Sankalp Sabhas’, torch rallies marking PM Modi’s 25 years

India condemns Strait of Hormuz vessel attack that injured 11 Indian sailors

India condemns Strait of Hormuz vessel attack that injured 11 Indian sailors

Sudhanshu Trivedi says Congress is 'intoxicated by defeat' amid ECI protest

Sudhanshu Trivedi says Congress is 'intoxicated by defeat' amid ECI protest

Delhi Police detain Youth Congress, NSUI leaders amid protest over CEC Gyanesh Kumar

Delhi Police detain Youth Congress, NSUI leaders amid protest over CEC Gyanesh Kumar

Tensions rise outside ECI headquarters as Congress workers push towards Nirvachan Sadan

Tensions rise outside ECI headquarters as Congress workers push towards Nirvachan Sadan

Kiren Rijiju targets Rahul Gandhi, Congress over ECI protest, calls it 'daily drama'

Kiren Rijiju targets Rahul Gandhi, Congress over ECI protest, calls it 'daily drama'

Rahul Gandhi attacks Centre, CEC over ECI row, says 'Modi-Shah hijacked country'

Rahul Gandhi attacks Centre, CEC over ECI row, says 'Modi-Shah hijacked country'

Delhi HC dismisses pleas seeking probes into 2020 Delhi riots, Jamia violence

Delhi HC dismisses pleas seeking probes into 2020 Delhi riots, Jamia violence

Sambit Patra targets AAP over corruption allegations against Punjab CM's OSD

Sambit Patra targets AAP over corruption allegations against Punjab CM's OSD

Rahul Gandhi targets CEC Gyanesh Kumar after SC questions modified Form 6

Rahul Gandhi targets CEC Gyanesh Kumar after SC questions modified Form 6

Editorji Technologies Pvt. Ltd. © 2022 All Rights Reserved.