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The Delhi High Court on Friday, has issued notice on civil rights activist Gautam Navlakha's interim bail plea in Bhima Koregaon case. The Court has sought NIA's advice regarding the plea, that has been filed on the grounds of his advanced age and his vulnerability of catching coronavirus in the prison during the Covid-19 lockdown.
Notice to National Investigation Agency was issued by a Single Judge Bench of Anup J Bhambani, who conducted the hearing through videoconferencing. He asked the Agency to file its response and listed the matter for further hearing on May 27, 2020.
Gautam Navlakha had surrendered before the National Intelligence Agency on April 14, in pursuance to the Supreme Court's order after the Court refused to extend the interim protection from arrest granted to him. He is presently lodged in Tihar Jail.
Navlakha, 67, said that he is lodged in Tihar Jail, when the entire nation is gripped with the threat of catching the highly contagious and deadly coronavirus.
The plea has mentioned that the applicant is a senior citizen suffering from Colonic Polyposis, Chronic gastritis and Lactose Intolerance, which can be controlled only through timely and regular medication and a controlled diet.
While dismissing the anticipatory bail plea, the Apex Court has said their petitions cannot be maintained in view of the bar contained in 43D(4) of Unlawful Activities Prevention Act, 1967.
Section 43D(4) of Unlawful Activities Prevention Act bars grant of anticipatory bail to a person accused of having committed an offence under this Act.
In August 2018, Navlakha was arrested by the Pune Police from his Delhi residence following the violence at Bhima Koregaon village in Pune District on January 1, 2018. According to the Pune Police, inflammatory speeches and provocative statements made at the Elgar Parishad Conclave on December 31, 2017 had triggered the caste violence at Koregaon Bhima, on the next day.
Earlier this year, the investigation of this case was transferred from Maharashtra Police to the NIA.
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