SC notice to Navlakha on Maharashtra plea

Gautam Navlakha

Gautam Navlakha  

The Supreme Court on Monday asked activist Gautam Navlakha to respond in two weeks to a plea by the Maharashtra government against a Delhi High Court order, setting aside his transit remand in the Bhima-Koregaon violence case and releasing him from house arrest.

A Bench led by Chief Justice of India Ranjan Gogoi heard senior advocate Mukul Rohatgi and advocate Nishant Katneshwarkar for the State.

The Delhi High Court had released Mr. Navlakha from house arrest on October 1.

It quashed a Magistrate court order granting transit remand to the Maharashtra police to transfer him to Pune.

‘High Court erred’

Seeking a stay of the order, Mr. Rohatgi contended that the High Court erred in releasing Mr. Navlakha on the basis of a habeas corpus petition. The government argued that such a petition would not lie in a case where the arrest and remand was based on an order of a court of law.

The State government pointed out that there was no prayer made in the High Court to set aside the transit remand.

The Maharashtra government contended that there was no need to end Mr. Navlakha’s house arrest when the Supreme Court had already extended it for four weeks in its judgment on September 28.

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