Bombay HC issues notice in PIL filed by Gautam Navlakha for Transfer to House Arrest Option

Gautam Navlakha house arrest plea - law insider

Aanchal Agarwal –

Published on : September 3, 2021 at 09:30 IST

The Bombay High Court today issued notice to the National Investigation Agency (NIA) and the State Government with regards to the PIL filed by senior journalist Gautam Navlakha.

In the Petition filed by the 70-year-old journalist, he requested that he be transferred from Taloja Central Prison to house arrest.

Gautam stated that he kept unwell lately due to a lump in his chest and was also denied basic medical and care facilities by the Jail authorities.

The petitioner also stated that the Taloja Jail was lacking inefficient manpower and other facilities to take care of the elderly and sick inmates.

Navlakha’s co-accused, octogenarian Father Stan Swamy, died in July this year under custody in the Bhima Koregaon case.

Gautam along with fourteen other liberalists was imprisoned under the Unlawful Activities Prevention Act (UAPA) based on electronic evidence against them stating that they were conspiring to demolish the Government.

The Petitioner was denied Bail by the Apex Court in May 2021. The Court had observed that he can, later on, be given the option of house arrest based on his medical condition and age under Section 167 of the CRPC

Presently the Petitioner’s Counsel requested the Bombay High Court to allow investigation into the case and also the medical treatment of the Petitioner at Jaslok Hospital.

The Petitioner also added that despite the Apex Court’s orders the inmates are still denied basic facilities such as slippers and chairs by the Jail Authorities.

Moreover, Navlakha pleaded that the case will not be completed any time soon as the accusers have not been provided with the electronic records till now and also considering the lengthy charge sheet so he should be allowed house arrest based on his medical condition and good cooperative behaviour.

Chief Advocate Aruna Pai argued that the accused could also be treated at Tata Memorial Hospital.

After hearing the arguments the Division Bench comprising Justices SS Shinde and NJ Jamadar directed the Respondents to file a reply within two weeks and also held an afternoon session of the Bench to discuss whether the accused could be sent to a private hospital for treatment.

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