Four days after SC order, surety papers keep Gautam Navlakha in jail, Legal News, ET LegalWorld – Legal Firms


MUMBAI: The defence for activist Gautam Navlakha recently told the special NIA court that the office of the Navi Mumbai police commissioner had refused to accept a demand draft of Rs 2.4 lakh which they had furnished in compliance with a Supreme Court order allowing him to be placed under house arrest in the Elgar Parishad case.

Advocate Chandni Chawla moved a plea before the special trial court on Monday seeking a direction to the police commissioner to accept the demand draft. “Issue notice to the non-applicant No 2, ie, commissioner of police, Navi Mumbai,” special NIA judge RJ Katariya said.

Special public prosecutor Prakash Shetty submitted that he was representing the NIA but not representing the commissioner of police and sought time for filing a say to the application. The court granted time until Tuesday.

In an order last week, the SC had imposed several conditions. The court said Navlakha (69) will have to pay Rs 2.4 lakh for the expenses incurred for deploying police personnel outside his home in Navi Mumbai. He was also directed to furnish a surety of Rs 2 lakh.

Navlakha’s lawyer informed the special NIA court that an objection was raised by the assistant registrar that the surety had not furnished a solvency certificate and a ration card or an affidavit. The defence submitted that it would require at least a month for solvency certificate and prayed that surety may be provisionally accepted until filing of the solvency certificate.

It was also submitted that the criminal manual states that production of solvency certificate from the revenue authority is not always essential and may be insisted upon only in cases of doubt and cases involved in large sums.

The court said that since surety of Rs 2 lakh is to be furnished, solvency is required to be furnished. “Advocate for the accused had prayed for provisional acceptance of solvency, in such situation say of the prosecution is required to be obtained so also verification report of the surety is required to be obtained through NIA,” the special judge said. The court directed the prosecution to file its say. “NIA shall verify about the surety and furnish report about the same,” the judge said.


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