Elgar case: Special NIA court denies bail to activist Gautam Navlakha India News – Times of India

Mumbai: A Special NIA The court here on Monday rejected the bail plea of ​​human rights activist Gautam. NavlakhaAn accused in the Elghar Parishad-Maoist link case.
Navlakha, arrested on August 28, 2018, moved the court for bail more than 6 months ago and also cited health issues in his plea seeking relief. He was initially placed under house arrest, but was later remanded to judicial custody and lodged at Taloja Jail in neighboring Navi Mumbai.
The National Investigation Agency (NIA), which is probing the case, had earlier strongly opposed the human rights activist’s plea for bail and described her as a member of the Communist Party of India (Maoist).
Special NIA Court Judge Rajesh J KatariyaThose who first heard the arguments of the prosecution and defense on the matter, rejected Navlakha’s bail plea on Monday.
Order details were not yet available.
The case pertains to alleged provocative speeches made at the ‘Elgar Parishad’ conference held at Shaniwarwada in Pune on December 31, 2017, which police claimed led to violence the next day near the Koregaon-Bhima War Memorial on the outskirts of western Maharashtra. Hui. The city is located about 200 km away from Mumbai.
The Pune Police, which had initially investigated the case, had claimed that the conclave was backed by Maoists. The NIA later took over the investigation of the case, in which over a dozen activists and academicians were named as accused.
Navlakha and several other activists were charged under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code.Indian Penal Code,
The human rights activist had moved the court in February for bail through her
Advocate Yug Choudhary considered the merits of the case.
According to the NIA, Navlakha is an illegal Communist Party of India (Maoist) member and used to correspond with its members. The counter-terrorism agency has claimed that it also had documents related to the banned group.
He created sympathy for the Maoists among students and others, the NIA further said.
Navlakha’s plea, however, states that his activities, at most, only border on communications, which are completely “inadequate” to attract any charges under the UAPA, an anti-terrorism law.
Further, Navlakha’s petition states that the NIA’s chargesheet has failed to link her to a larger conspiracy.
The petition also states that the veteran activist has criticized and strongly opposed the Maoists. naxal His published writings (which date before his arrest) show the form of violence.
The petition states that there is no material in the entire charge sheet to show that the applicant has in any way supported the claim of termination or has caused any dissatisfaction with or against India or has done any such act. which impairs the sovereignty or territorial integrity of India. ,
Further, the petition states that the prosecution has not stated anywhere during its entire investigation that any terrorist act has been committed. There is not a single allegation against Navlakha of having been involved in planning, preparing, procuring, funding or commissioning any terrorist act, it added.
According to the petition, there was no material in the chargesheet to show that Navlakha, anywhere, by spoken or written words or by any visible representation, attempted to bring hatred, discontent against the Government of India.
The activist’s bail plea has claimed that he is suffering from hypertension and other ailments including lump in chest, severe pain in neck and lower back and has a history of intestinal polyps.
Navlakha has been in jail since April 14, 2020 and there is no need to keep him in custody as the investigation in the case has been completed, argued his bail plea.
It also said that once the trial begins, it is going to take a long time to complete as there are 15 accused persons and the chargesheet is a 30,000-page document containing more than 150 witnesses.
“Continuing to keep the applicant in jail custody in his advanced age till the trial is completed would be highly unjust, harsh and cruel and contrary to the spirit of justice,” the bail plea said.