In a development in the long-running Bhima Koregaon-Elgar Parishad case, the Bombay High Court on Wednesday relaxed bail conditions for activist and accused Gautam Navlakha, permitting him to relocate from Mumbai to his home in Delhi while the trial remains pending.
A Division Bench led by Justices Bharati Dangre and Shyam Chandak granted the relief, modifying an earlier bail condition that had restricted 73-year-old Navlakha to the jurisdiction of the Bombay High Court.
The court's order comes amid mounting concerns expressed by Navlakha's counsel about his advanced age, financial hardships, and prolonged delay in the commencement of trial proceedings.
Senior advocate Yug Chaudhary, representing Navlakha, had argued that his client could no longer afford living in Mumbai and should be allowed to return to his permanent residence in Delhi.
Navlakha, a human rights activist who has been on bail since late 2023, is one of 16 individuals charged under the Unlawful Activities (Prevention) Act (UAPA) in connection with allegations of conspiracy tied to the Elgar Parishad event and subsequent caste violence near Bhima Koregaon in 2018. The trial has yet to formally begin despite years of judicial proceedings.
In their ruling, the judges noted "there was no evidence to suggest Navlakha was a flight risk," pointing out his compliance with prior bail conditions. The bench also observed that forcing a septuagenarian to remain away from his family and social support at a time when the trial remains stalled would be unduly burdensome.
While permitting the relocation, the court emphasised that Navlakha should continue to comply with all judicial obligations, including attending hearings in person or via video conferencing as directed by the trial court. The bench has also invited the National Investigation Agency (NIA) to suggest any safeguards or reporting conditions that could accompany the relief.
The Bhima Koregaon case stems from alleged inflammatory speeches at the Elgar Parishad event held on December 31, 2017, which authorities contend contributed to caste violence the next day. The NIA took over the investigation in 2018, alleging links between certain accused and banned Maoist organisations, allegations strongly disputed by defence counsel and human rights groups.
