Bhima Koregaon: SC units apart Delhi HC order calling for NIA data in Navlakha’s case

Tribune News Service 
New Delhi, July 6

The Supreme Court on Monday put aside a Delhi High Court order calling for National Investigation Agency data in Bhima Koregaon case, saying the excessive court docket had no enterprise to query switch of accused Gautam Navlakha from Tihar Jail in Delhi to a jail in Mumbai. 

“Thus, the entire exercise taken by the High Court of Delhi was totally uncalled for as the spirit of our order is apparent. The High Court of Delhi should not have entertained the application at the threshold, the observations made are hereby ordered to be expunged,” a Bench headed by Justice Arun Mishra ordered.

Setting apart the Delhi High Court’s order and its feedback in opposition to NIA, the highest court docket mentioned, “It is the courts at Bombay alone having the jurisdiction, which might entertain the appliance.

“Since the respondent (Navlakha) has been moved to Bombay, he is at liberty to apply before the competent court in Bombay,” it mentioned.

The order got here on an NIA petition difficult the Delhi High Court’s order in search of data of judicial proceedings earlier than a particular court docket that ordered Navlakha’s shifting from Delhi to Mumbai. The excessive court docket had pulled up NIA for shifting Navlakha to Mumbai when his plea was pending earlier than it.

Navlakha (67), who surrendered earlier than the National Investigation Agency on April 14 following the Supreme Court’s course, was lodged in Tihar jail in Delhi. He was taken to Mumbai by prepare on May 26. Later, he filed a bail plea earlier than the Delhi HC.

Terming his transfer to strategy the Delhi High Court as a “misconceived venture”, the Bench mentioned: “In case any modification of the order dated 08.04.2020 was required, it was incumbent upon the respondent (Navlakha) to apply to this court, which he did not do”.

Solicitor General Tushar Mehta mentioned on the time when Navlakha surrendered, Delhi was underneath lockdown and NIA later moved the Mumbai trial court docket and requested for issuance of manufacturing warrant.

After lockdown was lifted, he was taken to Mumbai on the premise of a manufacturing warrant issued by a Mumbai court docket, Mehta mentioned, including the observations by the excessive court docket have been completely uncalled for.

The Supreme Court had on June 19 frowned upon the Delhi High Court for having entertained Navlakha’s bail plea. “The high court shouldn’t have heard it as we had ordered him to surrender,” it had mentioned.



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