Bhima Koregaon case: Delhi High Court pulls NIA for shifting Gautam Navlakha from Delhi to Mumbai

New Delhi: The Delhi High court on Thursday (May 28) pulled up National Investigation Agency (NIA) for hurriedly moving civil rights activist Gautam Navlakha, accused in Bhima Koregaon violence case, from Delhi to Mumbai. The court also raised its concern over how the applications were hastily moved in Mumbai and Delhi courts by the NIA during holidays to procure Navlakha's transfer to Mumbai, while his interim bail application was still pending with it.

The court observed that it "would not see too much cause for hurry, in this case, in view of the inexplicable, frantic hurry shown by the NIA in moving the applicant from Delhi to Mumbai while this matter was pending and the NIA had itself sought time to file a status report, this court does get a sense that all proceedings in this jurisdiction would be rendered utterly infructuous if an element of urgency is not brought to bear on the present proceedings." 

Navlakha had moved the interim bail application on medical grounds, stating that considering his health and age it was unsafe for him to be in the prison. After which the notice was issued to NIA, which sought time to file the status report. Navlakha's medical status report was requisitioned from the Jail Superintendent. 

Counsel for Gautam Navlakha, Nitya Ramakrishnan, informed the court that a hearing for extension of the applicant’s judicial remand was conducted on May 23, 2020, before the Special Judge (NIA), Delhi and judicial remand was extended up to June 22, 2020, despite that the interim bail application was pending. 

On May 24, the NIA had moved an application before the Special Judge, Mumbai seeking production warrants for Navlakha. , and the same was allowed and transfer/transit order was sought and allowed by Special Judge (NIA), Delhi and he was taken away to Mumbai, stated to be lodged in Taloja Jail in Mumbai. 

Navlakha's counsel alleged that in none of the proceedings did the NIA disclose the pendency of the present bail application. She contended that the only purpose for which the NIA has taken such hasty actions is to render the present proceedings infructuous and to take the applicant out of the jurisdiction of this court. 

She also submitted that Mumbai, which has suffered the highest number of infections and deaths due to COVID-19 virus, the applicant has been exposed to even more serious health risk, while he was seeking interim bail from this court to avoid that very risk. 

The court also made NIA's Investigating Officer from Mumbai to answer certain factual queries through video-conferencing.

The court observed, "Prima-facie it appears that while on the last date, this court had granted adequate time to the NIA to file its status report in response to the interim bail plea; and while the NIA has filed an affidavit opposing that plea, the NIA has acted in unseemly haste to instead remove the applicant out of the very jurisdiction of this court; and, if the applicant is right, without even informing the Special Judge (NIA), Mumbai or the Special Judge (NIA), Delhi of the pendency of the present proceedings."

The court directed IO, SP Vikram Khalate to file an affidavit on the lines of the responses given, file a complete copy of the proceedings in the application for issuance of production warrants, to place on record the report of the applicant’s medical examination conducted once he reached Mumbai. 

It also sought the record of the application moved by the NIA seeking an extension of judicial remand, a record of the application filed by the concerned Jail Superintendent, Tihar Jail, seeking permission to transfer the applicant to Mumbai, besides directing the Jail Superintendent to provide a copy of the last medical status report of the applicant. 

The high court has listed the matter for June 3. Navlakha was arrested by the Pune Police from his Delhi residence in August 2018, following the violence at Koregaon Bhima village in Pune district on January 1, 2018.