SC waives solvency certificates requirement for Gautam Navlakha to avail advantage of home arrest

Gautam Navlakha 3

The Supreme Court on Tuesday cleared the hurdle for the discharge of activist Gautam Navlakha from Navi Mumbai’s Taloja jail, the place he’s lodged within the Elgar Parishad-Maoist hyperlink case, by waiving the requirement of a solvency certificates for availing the advantage of home arrest.

The high court docket had on November 10 allowed Navlakha to be positioned below home arrest owing to his deteriorating well being.

It had stated that to avail the ability of home arrest, Navlakha will present native surety of Rs 2 lakh by November 14.

A bench of Justices Ok M Joseph and Hrishikesh Roy was on Tuesday knowledgeable by senior advocate Nitya Ramakrishnan and advocate Shadan Farasat, showing for Navlakha, it can take a minimal of six weeks to safe solvency certificates in respect of surety to be supplied as a precondition for home arrest of the activist.

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“Considering the submission and the circumstances, we deem it appropriate to waive the requirement of a solvency certificate for the petitioner (Navlakha) to avail the benefit of our order dated November 10, 2022. It is ordered accordingly,” the bench stated.

It stated since different ample safety proofs equivalent to passport, Aadhaar card and Permanent Account Number (PAN) card have been supplied, the trial court docket shouldn’t insist on a ration card as a further proof of id for the advantage of the apex court docket’s order to take impact.

“It is so ordered,” the bench stated.

Noting the activist has been in custody since April 14, 2020 and prima facie there isn’t any cause to reject his medical report, the apex court docket had on November 10 stated Navlakha doesn’t have any legal background apart from this case and even the Government of India had appointed him as an interlocutor to carry talks with Maoists.

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Putting quite a lot of situations, together with a deposit of Rs 2.four lakh as bills in direction of offering him safety, the highest court docket had stated the order to put the 70-year-old activist below home arrest for a month in Mumbai needs to be applied inside 48 hours.

“It is not in dispute that apart from this case, the petitioner does not have any criminal background at all. The petitioner has also the case that in the year 2011, the services of the petitioner was used by the Government of India as an interlocutor to mediate with the extremists for securing the release of security personnel kidnapped by Maoists,” it had stated. “We would think on a conspectus of the facts that we should allow the petitioner to be placed under house arrest at least to begin with till the next date of hearing from the date on which he is actually placed on house arrest,” the highest court docket had stated.

The apex court docket had posted the matter for listening to on December 13.

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The activist appealed to the apex court docket towards the April 26 order of the Bombay High Court dismissing his plea for home arrest over apprehensions of lack of ample medical and different primary services in Taloja jail near Mumbai.

The case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017 which the police declare triggered violence the following day near the Koregaon-Bhima struggle memorial on the outskirts of the western Maharashtra metropolis.

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