PUDR welcomes the Bombay High Court order granting regular bail to Gautam Navlakha, a well-known civil rights activist, author, and journalist, on December 19, 2023. The two-member bench comprising Justices AS Gadkari and Shivkumar Dige ruled that based on a perusal of the documents presented, there was no material evidence to infer Gautam Navlakha’s involvement in terrorist acts as shown in the chargesheet against him under sections of the Unlawful Activities Prevention Act (UAPA) by the National Investigating Agency (NIA). The Court observed that the documents presented against Navlakha are evidence “in the nature of hearsay, and no covert or overt terrorist act has been attributed to him” (para 18). The Court confirmed that Navlakha “is entitled to have parity with co-accused Arun Ferreira, Vernon Gonsalves, Anand Teltumbde and Mahesh Raut, who have been granted bail either by the Hon’ble Supreme Court or by this Court.” (para 24). However, his release has been stayed as the Court has given three weeks to the NIA to appeal in the Supreme Court.
Framed as an accused in the infamous Bhima Koregaon case, Gautam Navlakha has already spent over three years and eight months in pre-trial incarceration. In its order, while noting the voluminous nature of the chargesheet — 20,000 pages long and 54 volumes thick — the Court rightly recalled the September 2022 NIA court order in which the trial Judge had stated that “more than a year” would be required to “frame charges”. The Court pointed out that “till date the trial Court has not framed charge” and that the “possibility of trial” being concluded “in near future is very bleak” (para 26). As we near the sixth anniversary of the Bhima Koregaon event, which took place on January 1 2018, it may well be asked why so many of those framed in the present case still languish in jail. The 84-year-old Father Stan Swamy, died in judicial custody and now, with Gautam’s bail order, seven have been granted bail, but eight others continue to languish in prison as pre-trial detainees for long years. In this context, PUDR also draws attention to the case of Mahesh Raut, who continues to be lodged in jail despite the grant of bail by the Bombay High Court, as the Supreme Court has stayed the High Court’s order on NIA’s request.
Delay of trial is considered a relevant factor by the courts while examining the plea for bail of the accused. PUDR hopes that the present matter will be expeditiously heard by the Supreme Court and Gautam Navlakha will soon be released on bail. In urging the Apex Court to expedite the process of securing liberty, PUDR reiterates that justice delayed is justice denied. PUDR demands the immediate release of all accused sought to be framed in what clearly are false cases, which the prosecution does not appear to be pursuing. Such lengthy pre-trial incarceration clearly violates the universally acknowledged dictum that the process itself should not become the punishment.
Joseph Mathai and Paramjeet Singh
Secretaries, PUDR
pudr@pudr.org
