The Supreme Court docket on Wednesday dismissed a plea of activist Gautam Navlakha, looking for bail within the Elgar Parishad-Maoist hyperlink case of Bhima Koregaon in Maharashtra.
A bench of justices UU Lalit and Okay M Joseph dismissed the attraction of Navlakha towards the Bombay Excessive Court docket order denying him bail within the case.
Justice Joseph, who pronounced the decision for the bench, mentioned the court docket is dismissing the attraction of Navlakha.
On March 26, the highest court docket had reserved its verdict on a plea of Navlakha.
The highest court docket had on March three sought response from the NIA on Navlakha’s plea wherein he has claimed that the cost sheet was not filed throughout the stipulated time interval and therefore, he was entitled for default bail.
The FIR towards him was re-registered in January 2020, and Navlakha had surrendered earlier than the NIA on April 14, final yr.
He had spent 11 days within the NIA’s custody until April 25, and since then he’s in judicial custody.
In accordance with the prosecution, some activists allegedly made inflammatory speeches and provocative statements on the Elgar Parishad meet in Pune on December 31, 2017, which triggered violence at Koregaon Bhima within the district the subsequent day.
It has additionally alleged that the occasion was backed by some Maoist teams.
On February 8, the excessive court docket had dismissed Navlakha’s plea saying that “it sees no motive to intervene with a particular court docket’s order which earlier rejected his bail plea”.
Navlakha had approached the excessive court docket final yr, difficult the particular NIA court docket’s order of July 12, 2020 that rejected his plea for statutory bail.
On December 16 final yr, the excessive court docket bench reserved its verdict on the plea filed by Navlakha, looking for statutory or default bail on the grounds that he had been in custody for over 90 days, however the prosecution didn’t file a cost sheet within the case inside this era.
The NIA had argued that his plea was not maintainable, and sought an extension of time to file the cost sheet.
The particular court docket had then accepted NIA’s plea looking for extension of 90 to 180 days to file the cost sheet towards Navlakha and his co-accused, activist Dr Anand Teltumbde. Navlakha had earlier already argued that he has spent 93 days in custody, together with 34 days of home arrest, and that the excessive court docket should rely home arrest as a interval of custody.
Whereas he was beneath home arrest, Navlakha’s private liberties remained curtailed, his counsel had submitted.
The NIA had earlier argued that Navlakha’s home arrest couldn’t be included within the time spent within the custody of police or NIA, or beneath judicial custody.
It had submitted that the Pune police arrested Navlakha in August 2018, however had not taken him into custody.
It had mentioned that Navlakha remained beneath home arrest, and the Delhi Excessive Court docket quashed his arrest and remand order in October 2018.