SC overrules Delhi HC verdict against NIA in Bhima Koregaon case
Monday, 6 July 2020 (19:13 IST)
New Delhi:The Supreme Court on Monday set aside the Delhi High Court order in Bhima Koragaon case, questioning the National Investigation Agency on shifting social activist Gautam Navlakha from Delhi to a Mumbai jail.
The bench of apex court, comprising Justices Arun Mishra, Naveen Sinha and Indira Bannerjee, said the case was not under the jurisdiction of the Delhi HC.On May 27, the Delhi HC had passed the order, asking the NIA to produce the records for the transfer of Navlakha from Delhi to Mumbai.
The Delhi HC also commented that the probe agency had showed an "inexplicable frantic hurry," as well as "unseemly haste," in taking Navlakha away from jurisdiction after his arrest, as his interim bail was pending consideration.
Following the HC order, the NIA moved the Supreme Court with a petition against the ruling.
Setting aside the HC order, the Bench also ordered the removal of the comments made against the investigation agency.
Solicitor General (SG) Tushar Mehta pleaded the Apex Court, seeking a direction to expunge the statements made for NIA by the single Judge bench of the Delhi High Court.''Only the Bombay HC had the jurisdiction. Adverse remarks against NIA have also been expunged," the Top Court of the country observed.
The SC further said that the Delhi HC should not have entertained the interim bail plea of Navlakha in Bhima Koregaon case, as the case comes within the jurisdiction of the Bombay HC.
The case pertains to violence that marred the bicentenary of Bhima-Koregaon war in Pune in 2018. It was alleged that the violence was ignited by an event "Elgar Parishad," held a day earlier on December 31, 2017, where several activists having 'Maoist' links, participated.
In April this year, Navlakha surrendered before the NIA. He was one of the five activists, arrested and charged under the stringent Unlawful Activities Prevention Act.(UNI)
