Thread by @barandbench

#SupremeCourt to shortly hear separate applications moved by #BhimaKoregaon accused Gautam Navlakha, in which he alleged delay to implement SC's order granting him #housearrest, and the NIA's plea to cancel his house arrest due to bias in medical records among other grounds

Matter to be taken up now
#GautamNavlakha

SG Tushar Mehta: NIA has filed an IA and it was filed at 6:05 pm. CJI had passed an order yesterday asking both applications to be listed before you #GautamNavlakha

SG: My application is not here

Justice KM Joseph: yes the application to vacate it is before us

SG: we cannot allow the bench to unwittingly and unwillingly become part of what the accused has submitted

SG: Everything is starting on the assumption that the accused was not well, but did he divulge on his own that his brother in law was a doctor in the same hospital for the sake of equity jurisdiction?. We have always taken him to hospital when needed

SG: He was offered treatment at Tata Cancer Hospital and NMMC hospital. He took treatment of NMMC as well. He insisted only on Jaslok hospital since his brother in law is at a high position at Jaslok Hospital

Justice Joseph: all these arguments were argued more than ably by the ASG. Are you pursuing a review of our order or seeking to vacate it? If you say you were not heard then it is different but you were heard at length

SG: Whenever the question of review comes we will argue but the matter is pending.. but look at his past conduct which was not before you. Message goes even when Article 14 says all are equal, some are more equal than others

SG: There are more inmates of same age and medical conditions but they cannot go home but he is not going home even. This is not a review. This order was passed in ignorance of certain facts

Justice Joseph: it was some kind of an agreed order. Whatever ASG wanted has been added as a condition in the order

ASG SV Raju: The location of house arrest is misleading

SG: The public library belongs to the communist party of India

Justice Joseph: Communist party is a recognised party of India. What is the issue?

SG: If it does not shock you then what can I say

SC: No it does not shock us

SG: A person accused of indulging in a serious terrorist act being a Maoist is staying at some political party's office? What has this institution being driven to.

Justice Roy: if you have any arguments on premises you can argue. Health and Jaslok hospital we have heard

SG: I never thought the court would have intended this. But anyways my friend ASG SV Raju can argue better

Justice Roy: Do not go away like this.. submit on the premises aspect

Justice Roy: Suppose Premise B is chosen then all these submissions go away ?

SG: I am not going away. I am here
My friend is arguing

ASG: If misleading continues a holistic and cumulative view has to be taken. There was suppression of fact before this court and this was a grave suppression on medical records and then location. So can a person be trusted on house arrest when there are series of suppressions

ASG: the library was turned into a makeshift residential place and then there was suppression that there was one entrance but there are two

Justice Joseph: is it because the library belongs to a political party that is why you have this problem ?

ASG: there are series of misleading statements and house arrest can be used for different purpose? He cannot be trusted

SC: what other purpose?

ASG: He has selected a place where he can meet different people. Now court said CCTV can be in exit when they objected to CCTV in room. Now there was a second exit also where there was no CCTV and after we detected they said ok it can be installed

Justice Roy: he could not have gone there unless a recce was carried out by the police officers. Now it has been done so measures can be taken.

ASG: see photos of grills which can be opened. It is like collapsible grills which can be opened but people can come in. Large no of persons are coming there and karate classes are also going on there. This is not even residential and it is just makeshift. This worse than jail

ASG: by this house arrest thing an attempt has been made to take everyone for a ride. #GautamNavlakha

Justice Joseph: ultimately what you want?

ASG: due to a series of misstatements, he is not eligible for house arrest. Here is a person who is not straight forward in his representation before the court.. an attempt has been made to make his monitoring inside the house a sham

Sr Adv Nitya Ramakrishnan: It is a residential unit. There is a bathroom and bedroom. It was a floor above the library. It has been used as residential unit in the past. No member of public goes to read there. It is a long empty hall with kitchen and bathroom

Sr Adv Nitya Ramakrishnan: on Nov 14 one CCTV camera was installed, second CCTV could not be installed since we moved trial court. NIA misbehaved with locals as well and made them to take out books etc. NIA said kitchen cannot be used.. now kitchen access is barred

Justice Joseph: where is the second door?

Sr Adv Nitya Ramakrishnan: southern side CCTV has been installed

Justice Joseph: what about Maoist and communist party

Sr Adv Nitya Ramakrishnan: communist party itself condemns Maoists and anyone with basic knowledge of contemporary politics will know that it is a recognised party

ASG: The electricity bill is in the name of communist party of India

Sr Adv Nitya Ramakrishnan: They say it is so, we know it is owned by the trust. He insisted in Jaslok because he was being taken to quarantine centres where 75 use one washroom. Then Taloja jail has one doctor

Sr Adv Nitya Ramakrishnan: sisters connection with Jaslok hospital was known! We had informed the High court (reads the part from application) #GautamNavlakha

ASG SV Raju: If this is not suppression then I have nothing to say.

Justice Joseph: what can we say if your assisting counsel did not point this to you. We don't want to say more. It is there in the pleading

#GautamNavlakha

Justice Joseph: sisters connection is already there..

ASG: But brother in law connection was suppressed

Justice Joseph: that we have noted and passed an order unless you want our order to be dishonoured!

#GautamNavlakha

ASG: everytime we point out a loophole they say we will close it and what if it turns out to be a gaping hole..

Justice Joseph: In case you are finding some or other loophole to see our order is not complied with then we have to take a serious view of it

#GautamNavlakha

Justice Roy: Do not bring in conditions to say that with your entire police force you cannot keep a watch on an ailing 70 year old

ASG: please have this on Monday I have to go for my 90 year old mother in law

Justice Joseph: you think we cannot see through attempts to delay the case. For what purpose will we post on Monday ?

Justice Roy: SG and ASG saying that we cannot keep a 70 year old ailing man in house confinement with all might of the state!

SG Mehta: I understand the anger of this bench

Justice Roy: we are more experienced to disagree in a gentlemanly fashion than showing anger.

SG: he has ISI links and Jammu and Kashmir terrorist links

Justice Roy: so? You say you cannot monitor then we will

ASG: the kitchen needs to be sealed

Sr Adv Ramakrishnan: not the kitchen

Justice Roy: he has to eat also

#GautamNavlakha

ASG: there are collapsible grills that needs to be sealed

Justice Joseph: you will make it worse than the jail

ASG: No i am being positive

#GautamNavlakha

ASG: we also need to slightly increase the police force?

Justice Joseph: What else do you want?

ASG: A few more cameras

Ramakrishnan: say it now so that later they don't say one more one more

SC: where all you want it?

ASG: kitchen door, other exit doors

Justice Joseph: okay let us write NIA can seal ktiche door leading to the exit but not one leading to hall. Now next is lock and seal grill.

ASG: A CCTV in the hall as well

Ramakrishnan: there is a lady in the house.

Justice Joseph: there is privacy also

ASG passes a map of the hall so that CCTV captures the movement and bed will not be seen

SG Mehta: once Wifi and internet is there, nothing of this will matter. We are not unnecessarily bothering this court

SC: we have strictly barred the internet. If any deviation you can come

SG: It is my conviction that naxalism cannot be tackled by the nation with kid gloves. This is my perception and apologies to the bench.

Justice Joseph: you have all right to your perception #GautamNavlakha

SC: Application by NIA To vacate the order is dismissed. We are of the view that certain further safeguards need to be engrafted which will be in addition to what we have already ordered.

Order:

Justice Joseph: we record submission of SLP petitioner that it has no objection to NIA sealing the kitchen door leading to exit door. NIA is free to seal kitchen door leading to exit point

#GautamNavlakha

Justice Joseph: NIA shall not close the door between hall and kitchen. Another concern is about openable grills. We direct such grills can be locked and keep the key with themselves

#GautamNavlakha

Justice Joseph: apart from the CCTV installed, there is another one on the southern door. Order of Nov 10 shall be given effect within 24 hours from the date of the receipt of the copy of the order

#GautamNavlakha

Ramakrishnan: It has been nearly 10 days from date of order, next date was December 13. It should be extended to after winter vacations

SG: What if his health improves by December 13?

SC: Let us not touch this. Let it come on 13th

#GautamNavlakha

SG: There is no separate DVR and it is the library's DVR

Justice Joseph: We cannot tinker with someone else's property

Justice Roy: Then the communist party will come on our head (laughs)

SG: No they won't

#GautamNavlakha

Adv clarifies that DVR is separate

SC: petitioner has no objection to the shifting of the DVR anywhere else

#GautamNavlakha