The Supreme Court on Friday adjourned the petition filed by human rights activist and journalist Gautam Navlakha seeking change in his house arrest location in Mumbai to eight weeks, while expressing serious ‘doubts’ over its November 2022 verdict, which permitted Navlakaha house arrest on medical grounds.
The Bench of Justice M.M. Sundresh and Justice J.B. Pardiwala adjourned the hearing to the last week of October, after the National Investigation Agency (NIA) submitted that it was yet to file a counter-affidavit on Navlakha’s shift in house arrest location plea.
Senior Advocate Nitya Ramakrishnan, appearing for Navlakha, urged the Apex Court to grant early hearing in the matter on the grounds that the activist would have to vacate his current residence soon.
Additional Solicitor General (ASG) S.V. Raju, appearing for NIA, reiterated the agency’s concerns over the order of house arrest.
Calling it an unusual order of house arrest, probably the first-of-its-kind, ASG Raju contended that this plea for house arrest was on grounds of Navlakha’s sickness. He said one lady would stay with him. But she was not staying with him most of the time, while in jail, there would be a force to look after so many people.
The Apex Court then expressed its ‘reservations’ over the previous earlier order (by a Bench headed by retired judge K.M. Joseph) and said that such an order for one person might set the wrong precedent.
It said while the Bench prima facie have reservations, but a lengthy order has been passed in the case. Without going into the merits of the case, this might set a wrong precedent.
It further pointed out that Navlakah’s plea may have 100 percent merit and it was not saying anything on that. But to facilitate this, and do this for one person, it might have, the Bench observed and directed the national agency to file the affidavit.