New Delhi: The Supreme Court Monday set aside a Delhi High Court order that had sought explanation from the National Investigation Agency (NIA) on why the agency “whisked away” activist Gautam Navlakha to Mumbai while his bail plea was pending before it.
An apex court bench led by Justice Arun Mishra also expunged HC’s adverse remarks against the NIA in a 27 May hearing. The HC had noted the “hurry” the agency showed in moving Navlakha, who is facing anti-terror charges in the Bhima Koregaon case.
The bench also expressed displeasure at the Delhi HC’s decision to entertain Navlakha’s interim bail plea on medical grounds, especially after the top court had on an earlier occasion declined the relief and ordered him to surrender. It remarked the high court had no jurisdiction to hear Navlakha’s petition because the case is before a NIA court in Bombay.
The order comes over four months after the Supreme Court had dismissed Navalakha’s pre-arrest bail petition on 16 March, making it imminent for him to surrender before the NIA court within three weeks. On 8 April, the court dismissed his request to give him more time in view of a sudden spike in Covid-19 cases and non-functioning of courts.
The activist surrendered in Delhi due to the nationwide lockdown. He went on to file a fresh plea for interim bail, on medical grounds, before the Delhi HC, which issued notice to the NIA on 22 May.
Aged 68, the activist suffers from several chronic ailments and is therefore more vulnerable to the virus if lodged in jail, his lawyers told the court. However, the NIA moved him to Mumbai on 26 May, a day after Eid.
On 27 May, Delhi HC Justice Anup J. Bhambhani pulled up the NIA for acting in “unseemly haste” by taking away Navlakha while he was hearing his bail plea. Within a week of the order, the NIA challenged it before the top court.
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What happened today
On Monday, solicitor general Tushar Mehta told the bench that the nationwide lockdown was imposed at the time of Navlakha’s surrender before the NIA. His production warrant was issued by the special court in Mumbai when the city gradually reopened.
The Delhi High Court, he submitted, was informed of the facts and the timeline of events.
“Unwarranted remarks such as NIA was in a hurry to take accused to Mumbai was not needed,” he contended, arguing that the HC had no jurisdiction to continue hearing the matter after Navlakha was produced before the Mumbai court.
The other accused, arrested in the case, are also lodged in Mumbai jails, he said.
Senior advocate Kapil Sibal, appearing for Navlakha, attacked the NIA for coming in appeal against an order that merely called for an affidavit from the agency. “This is not an order granting bail. Just an affidavit to understand the situation under which the accused was taken to Mumbai,” he said.
But the bench questioned the high court for hearing Navlakha even when it was expressly informed about his appearance before a Mumbai court. It observed that he could have sought relief in the court there.
“Delhi High Court should not have entertained interim bail plea of Navlakha as the case comes within the jurisdiction of Bombay High Court,” said the court, allowing NIA’s appeal.
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Very disgusting.
Isn’t this judge Arun Mishra the guy who effusively praised Narendra Modi?
He is the same guy whose servility to Modi is well known. No surprise that he is just following his Master’s orders.
One of the best decisions by the Supreme Court. For far too long have Indian judges have allowed criminals to get away on the excuse that they were pregnant, old, middle class, aristocratic, female etc. A criminal is a criminal and should be made to face the full implication of their criminal acts