GAUTAM NAVLAKHA Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The petitioner is one of the accused in NIA Special Case No.414/2020. The petitioner and other 14 accused have been prosecuted for the commission of the offences under Sec. 153(A), 505(1)(B), 117, 120-B, 121, 121-A , 124-A and sec. 34 of Indian Penal Code and Ss. 13, 16, 17, 18, 18(B), 20, 38, 39 and 40 of Unlawful Activities (Prevention) Act, 1967 (for short, UAPA).

(2.) In this writ petition, the petitioner is seeking direction to keep him under house arrest till the completion of trial. It is the case of the petitioner that on 28/8/2018 he was taken in custody at Delhi. However, Delhi High Court stayed the arrest and directed the police to keep the petitioner under house arrest. Proceeding which led to the house arrest of the petitioner was finally terminated vide order dtd. 14/2/2020 passed by Hon'ble Apex Court. The petitioner, therefore, surrendered to NIA on 14/4/2020. He has been in custody since then. His bail application made under sec. 167 of Cr.P.C. came to be rejected. Similarly, application made by him seeking anticipatory bail also came to be rejected. He again applied for bail on medical ground before the Special NIA Court. The Special NIA Court rejected the said bail application vide order dtd. 23/8/2021. The petitioner has been in judicial custody and presently lodged at Taloja Central Prison, Navi Mumbai.

(3.) The petitioner has pleaded more than one grounds for seeking direction to keep him under house arrest. It is stated that Taloja prison is overcrowded. The conditions and environment of Taloja Central prison is not compatible to the health of the petitioner. The Petitioner has no criminal antecedents. He is a law abiding citizen. He has co-operated with the investigating agency. There is no possibility of his being at flight risk. There are no basic facilities and infrastructure at Taloja Central Prison, Navi Mumbai. There is no sufficient water and hygienic facilities at Taloja prison. Taloja prison does not have trained escort guards to ensure medical supervision. It is stated that the central jail is incompetent and ill-equipped to take care of elderly inmates such as the petitioner. Taloja Prison Authorities behave in callous and negligent manner, thereby endangering life and health of inmates including the petitioner.