Thread by @lawbarandbench

#SupremeCourt hearing Gautam Navlakha's plea seeking house arrest after his regular bail plea was denied.

Matter to be taken at 3.

Adv Kanu Agarwal: I wasn't aware that my lords had not received the letter (of adjournment). Let me get instructions this matter was listed late.

Adv: Let him out for two weeks atleast he needs a colonoscopy.

Sibal: Has no criminal history.

Justice Joseph: Let him breathe some fresh air. He wasn't even convicted in any small IPC offence earlier.

Justice KM Joseph discharges the rest of the board

SG Tushar Mehta: I will also seek time

Justice Joseph: No let Mr Sibal come. 2 mins. Let us see. Let us see

#GautamNavlakha

SG: my most humble submission

SC: Your humaneness is put to test

SG: My concern for national security and concern is put to test. It cannot be said that we will not get time to respond.

#GautamNavlakha

SG: I don't have opportunity to effectively put forward my case. This may not be the case where this court makes an exception. Everyone cannot afford to create a perception and have an eminent counsel. Prayer was rejected in April. Let me respond to humanity
#GautamNavlakha

SG: they had filed an application. Please see that. I appeal to your lordship's sense of fairness in such hurry shown by the other side

#GautamNavlakha

Justice Joseph: like how George Orwell said some are more equal..

SG: Please see why he cannot wait for one more day. See what he is suffering from.. as in the ailment

#GautamNavlakha

SG: Please see the date of filing. It was filed on Sept 13, 2022. Prayer is to direct Supdt Taloja Jail to take him for dental check up and skim allergy and colonoscopy at a hospital. I don't know if skin allergy and dental issues are serious enough

SG: Colonoscopy should be have allowed by competent court

Justice Joseph: SG Mehta when is the last time you had a dental problem... If you have a root canal.. it is as worse as..

SG: take to dental surgeon.. take him to hospital and not his sister's place

SG: This man is involved in naxalite and UAPA activities

SG: This application of being allowed in KEM hospital can be allowed and take him today evening. We would not have opposed. But they did not press the application. This is an abuse of the process of law. Forget perception created by articles and speeches. #SupremeCourt

Sibal: what perception? He is 73 and he has colon cancer. Is he a threat to the security of the Nation.

SG: the entire evidence was electronic. He can go home and distort then

Sibal: what is the evidence? Can't i speak?

SG: I cannot even get some time why won't you speak

Justice Joseph: from the corner of my eye I had caught you and Mr Sibal chat away and then I thought we are fools to believe (these heated arguments in court)

SG: At a personal level we are very close

Justice Joseph: that is how it should be

SC: We can direct Navlakha is taken today itself to the hospital and take the tests

Sibal: where will I fast ? 3 days fast is needed

SC: Yes fast in hospital under medical surveillance.

SC: SG has appealed to our judicial mind saying that notice was issued two days ago and no time is being given for a reply

Justice Roy: This application could be withdrawn..

Justice Joseph: you can be taken to the hospital right now

Justice Joseph: the best way is your apprehension of fasting under medical surveillance will be taken care in hospital.

Sibal: what threat to national security we are talking of. We are talking about unsigned and undated electronic evidence. It can be facts but these are prejudicial statements. Solicitor tell us what is national integration?

Justice Roy: we are on health grounds

Sibal: Let him go to the hospital and get all tests done. There are lumps in chest and throat. Please keep this application for house arrest on board please. Let family members visit in hospital

SC: yes sure SG Mehta will not object

Sibal: unless he is a threat to national integration

SC: Please specify the relative

Sibal: he has a partner Sahba Hussain and Mridula, the sister

SC: SLP is against HC order where prayer for house arrest has been rejected. We issued notice and eas made returnable today. It was pointed out that adjournment letter was circulated but it was not on courts record.

SC: It was pointed out that considering his age and medical condition, petitioner should be allowed to be in house arrest at sister's place in Mumbai and avail medical facilities

SC: SG Mehta strongly opposed to the facility of house arrest. However it is submitted that Navlakha made an application on Sept 13 where in Petitioner prayed that Supdt of Taloja Central prison take Navlakha to KEM hospital for colonoscopy and skin allergy and Nair for dental

SC: SG submits that it is not a case which warrants Petitioner to be in house custody. But he fairly submitted that though the application was not pressed respondents will have no objection if the petitioner is allowed to be taken to the hospital.

SC: We are of the view that noting Petitioner is an Undertrial and what is far more important which is right to life. Right of undertrial to recieve medical attention would be a fundamental right. This petitioner be taken immediately for through medical checkup

SC: Supdt Taloja Central Prison directed to take Petitioner immediately to Jaslok hospital or hospital of petitioner choice so that petitioner can receive medical attention and treatment.

SC: We make it clear Navlakha will be in police custody while in hospital. We also clarify that Sister Mridula Kothari and partner Sahba Hussain will be allowed to meet the petitioner in hospital as per the hospital rules.

SC: Hospital to submit a report on the next date of hearing. We have not considered the larger issue regarding entitlement to house arrest. This is because SG pointed out he was put on short notice.

SC: List the matter on October 21, 2022. See Navlakha is taken today itself.

Justice Joseph: we are suggesting a concept which is there in USA. there are private jails. Also there are corporate social responsibility here.. where it can be used to make such set ups. Instead of burdening exchequers

Justice Roy: instead of anticipatory bail there will be anticipatory jails

Justice Joseph: I do not know if you have been to jail. I have been there once on a visit

SG Mehta: yes me too. Ofcourse on a visit (laughs)

Justice Joseph: jails are having with soo many prisoners.. sodomy to forced homosexuality. Then it is like you are more of a criminal when you come out filled with revenge. Thus we need a kind of fund so that such private jails are made.