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The SC on Monday puts aside the Delhi HC order asking the NIA to produce judicial records on the transfer of civil rights activist Gautam Navlakha from Delhi to Mumbai regarding the Bhima Koregaon case.
A bench of Justices Navin Sinha, Arun Mishra, and Indira Banerjee said that the high court had no locale in engaging Navlakha's bail request and held that courts in Bombay had the jurisdiction for the case.
On June 2, the top court had given a notification to Navlakha, asking that he react to the National Investigation Agency's (NIA) Special Leave Petition challenging the Delhi High Court's order. The bench additionally observed Solicitor General Tushar Mehta's accommodation that the High Court's order to produce records of a trial court was outside of its jurisdiction.
Mehta said. " At the time of Navlakha's surrender, India was under lockdown. Special Judge at Bombay was pleased to pass the Order for transfer of Navlakha at the behest of our arguments. We did not hide anything from the Court. Custody is required with the National Investigation Agency (NIA) Mumbai as there has been the discovery of new evidence"
The top court likewise erased adverse comments of the high court against the National Investigation Agency (NIA) made in its May 27 order while managing the bail plea.
On May 27, the Delhi High Court had censured the NIA for its "unseemly haste" in moving Navlakha from Tihar prison in the Capital to Taloja prison in Mumbai when his bail application was pending. Navlakha was taken to Mumbai on May 26.
What is Bhima Koregaon's case: The case relates to supposed Maoist connections over the violent incident which happened on January 1, 2018, at Bhima Koregaon, close Pune during the Dalit organizations' celebrating of the 200th commemoration of Victory of Koregaon Battle. The Pune police asserted that brutality was prompted by the Elgaar Parishad meeting held at Pune the earlier day. It was alleged that the meeting was organized by people having nexus with the banned Maoist organizations. Navlakha and another activist, Anand Teltumbde, have been charged under the provisions of the Unlawful Activities Prevention Act and various sections of the Indian Penal Code, following the violence at Bhima Koregaon village. The case made by the Pune Police blamed Teltumbde and Navlakha for Maoist connections and was later taken over by the National Investigation Agency (NIA).
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