Bombay High Court Relaxes Bail Terms: Gautam Navlakha Permitted to Return to Delhi During Bhima Koregaon Trial

Gautam Navlakha has received authorization to move from Mumbai back to his Delhi residence.

Mumbai:

The Bombay High Court on Wednesday modified bail conditions for activist Gautam Navlakha in the ongoing Bhima Koregaon-Elgar Parishad case, allowing him to return to his Delhi home while his trial proceeds. This significant adjustment relaxes previous restrictions that had confined him to the Bombay High Court's jurisdiction.

Justices Bharati Dangre and Shyam Chandak, leading a Division Bench, granted this relief after considering the circumstances of the 73-year-old accused, whose case has seen substantial procedural delays.

Navlakha's legal representative, Senior advocate Yug Chaudhary, highlighted his client's financial constraints in maintaining Mumbai residence, advancing age, and the need to return to his permanent Delhi home as key factors warranting consideration.

The human rights activist, released on bail in late 2023, is among 16 individuals facing charges under the Unlawful Activities (Prevention) Act in connection with the Elgar Parishad event and subsequent violence near Bhima Koregaon in 2018. Despite years in the judicial system, formal trial proceedings have yet to commence.

In their decision, the judges emphasized that "there was no evidence to suggest Navlakha was a flight risk," noting his consistent adherence to previous bail conditions. The court recognized that requiring an elderly person to remain separated from family support networks during prolonged trial delays would impose undue hardship.

While permitting relocation, the court mandated that Navlakha must maintain compliance with all judicial requirements, including attending hearings either in person or through video conferencing as specified by the trial court. The National Investigation Agency has been invited to recommend additional reporting protocols or safeguards alongside this relief.

The Bhima Koregaon case originated from allegedly provocative speeches at the Elgar Parishad gathering on December 31, 2017, which authorities claim instigated caste violence the following day. The NIA assumed investigative control in 2018, alleging connections between certain defendants and prohibited Maoist organizations—claims vigorously contested by defense attorneys and human rights organizations.