New Delhi: The Supreme Court on Wednesday said it was considering allowing house arrest request of activist Gautam Navlakha incarcerated in connection with the Elgar Parishad-Maoist link case.
The top court asked Additional Solicitor General S V Raju, appearing for the National Investigation Agency (NIA), to seek instructions and inform it about restrictions that can be placed on Navlakha while keeping him under house arrest for few days.
A bench of justices K M Joseph and Hrishikesh Roy said it will pass the order Thursday after hearing the ASG.
“He is a 70-year-old man. We don’t know how long he will live. Certainly, he is going towards the inevitable. It’s not that we are going to release him on bail. He is not going to enjoy the default bail which comrade Sudha (Bharadwaj) got… We are conscious that we have to tread carefully. We agree that house arrest as an alternative has to be used carefully…
“We are concerned about what restriction would you like to place. Place whatever restrictions. It’s not that he is going to destroy the country… At least let him remain in house arrest for a few days. Let’s try to work it out,” the bench said.
Senior advocate Kapil Sibal, appearing for Navlakha, said the medical reports show that there’s no possibility of him being treated in jail.
“There’s no way in the world you can get this kind of treatment/monitoring done in jail. He’s had alarming weight loss. This kind of treatment is not possible in jail,” Sibal said.
Additional Solicitor General S V Raju, appearing for the NIA, submitted that there is nothing wrong with Navlakha.
“We will provide mattress and cot everything. We will allow him to bring home food also,” he said.
The top court on September 29 had directed the Taloja jail superintendent to immediately shift Navlakha to Mumbai’s Jaslok hospital for treatment.

SC to ASG: Do you want to know who is destroying the country?
Additional Solicitor General S V Raju told the top court that people such as Navlakha want to destroy the country.
“Their ideology is of that type. It is not that they are innocent people. They are persons involved in actual warfare,” the ASG said.
The bench then remarked, “Do you want to know who is destroying this country? People who are corrupt. Every office you go into, what happens? Who takes action against the corrupt? We should be accused of being biased.”
“We saw a video of people where people talk of crores of rupees to buy our so-called elected representatives. Unless we close our eyes. Are you saying they are not doing anything against our country? The point is that you don’t defend them but they go on. They go on merrily. There are money bags which can help you get away,” the bench observed.
PTI

Press Trust of India