Delhi HC releases activist Gautam Navlakha from house arrest

Quashes transit remand for Navlakha, granted by lower court

October 01, 2018 04:50 pm | Updated November 28, 2021 09:03 am IST - New Delhi

Activist Gautam Navlakha being arrested at his residence in New Delhi. File

Activist Gautam Navlakha being arrested at his residence in New Delhi. File

The Delhi High Court on Monday set free journalist and social activist Gautam Navlakha from house arrest, quashing a local court order granting transit remand to the Maharashtra police to transfer him to Pune in connection with Bhima--Koregaon violence case.

A Bench of Justice S. Muralidhar and Justice Vinod Goel said the transit remand was given by the local court without compliance of mandatory provisions of the Constitution and Code of Criminal Procedure (CrPC).

The Bench refused to accept the submission of the Maharashtra police that his house arrest is extended by two days since the Supreme Court had extended it by four weeks.

While setting aside the local court remand order, the High Court said the judge had overlooked that under provisions of the Constitution, an arrested person has to be given grounds of arrest and mere intimation of arrest to his partner or friend will not suffice.

The court, however, said the Maharashtra police could proceed further case against Mr. Navlakha by following laid down norms.

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