The Supreme Court on Wednesday issued notice to the National Investigation Agency (NIA) on a plea filed by Gautam Navlakha, an accused in Bhima Koregaon violence case, challenging the Bombay High Court order rejecting his plea for default bail.
A three-judge bench headed by Justice UU Lalit sought NIA's response and posted the matter for hearing on March 15.
The High Court had rejected Mr Navlakha's plea on February 8 saying that the period for which an accused is under illegal detention cannot be taken into account while computing the 90-day custody period for grant of default bail.
Mr Navlakha, in the top court, has sought bail on the ground that the NIA failed to file its chargesheet within the prescribed upper-limit of 90 days as per Section 167(2) of the Code of Criminal Procedure (CrPC).
He stated that the period for which he was confined to his house under house arrest should be calculated as part of judicial custody and should be taken into account while deciding the custody period under Section 167(2).
He had sought bail from the High Court on the same grounds. Last year special court had rejected his application for default bail.
Mr Navlakha, one of the several civil liberties activists in the Bhima Koregaon case, has been charged under stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) for an alleged conspiracy to topple the government.
On January 1, 2018, the violence left one dead and several others injured including 10 policemen. Violence erupted after some people, reportedly with saffron flags, pelted stones at cars heading towards the village for the commemoration of 200 years of Bhima-Koregaon war on New Year''s Day. The police had filed 58 cases against 162 people.