SC waives requirement of solvency certificate for Gautam Navlakha to avail house arrest, Legal News, ET LegalWorld – Legal Firms


New Delhi, The Supreme Court on Tuesday cleared the obstruction in the release of activist Gautam Navlakha, accused in Bhima Koregaon case, from a Maharashtra jail by waiving the requirement of a solvency certificate for availing the benefit of house arrest.

A bench of Justices K.M. Joseph and Hrishikesh Roy said: “It is pointed out in reference to our order dated November 10, 2022 that it will take minimum six weeks to secure the solvency certificate in respect of surety to be provided as a pre-condition for the house arrest of the petitioner.”

On November 10, the top court had allowed Navlakha to be placed under house arrest after considering his deteriorating health and also asked him to provide local surety of Rs 2 lakh by November 14. “Considering the submission and the circumstances, we deem it appropriate to waive the requirement of a solvency certificate for the petitioner to avail the benefit of our order dated 10.11.2022. It is ordered accordingly,” said the bench, in its order.

“Since other adequate security proofs such as passport, Aadhaar card, and PAN card have been provided, the trial court should not insist on a ration card as an additional proof of identity for the benefit of this court’s order. It is so ordered.”

Senior advocate Nitya Ramakrishnan and advocate Shadan Farasat, representing Navlakha, informed the apex court that it will take a minimum of six weeks to secure solvency certificate in respect of surety to be provided as a precondition for house arrest of the activist.

On November 10, the top court allowed the 70-year-old to be placed under house arrest for a month in Mumbai, while imposing a number of conditions. Giving relief to the activist, the bench said prima facie there is no reason to decline his medical report.

“We would think on a conspectus of the facts that we should allow the petitioner to be placed under house arrest at least to begin with till the next date of hearing from the date on which he is actually placed on house arrest,” said the bench, scheduling the case for next hearing on December 13.

On September 29, the Supreme Court directed the Taloja Jail Superintendent to immediately shift Navlakha to Mumbai’s Jaslok hospital for treatment.

Navlakha moved the apex court challenging Bombay High Court, judgment passed in April, dismissing his plea to be transferred from Taloja Prison and placed under house arrest instead. In August 2018, he was arrested and initially placed under house arrest. In April 2020, after an apex court order, he was moved to Taloja Central Prison.




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