Probe agency opposes Gautam Navlakha’s bail plea, says ‘Part of Urban Naxals’
The National Investigation Agency opposed the bail plea of Elgar Parishad case accused, Gautam Navlakha, in the Bombay High Court.
Opposing the bail plea of Gautam Navlakha, an accused in the Elgar Parishad case, the National Investigation Agency told the Bombay High Court that Navlakha was part of “Urban Naxals” to arrange logistics for Naxal movements in rural areas.
Additional Solicitor General Devang Vyas, appearing for the NIA, argued that the “Urban Naxal wing was a complementary part of the rural arms Naxal struggle as it arranged logistics like manpower and funds”.
“Urban (Naxal) movement is one of the main sources as it handles cadres to arrange logistics. Urban movement is complimentary to rural arms struggle,” Vyas argued.
Navlakha’s lawyer, countering the NIA’s claim, argued that the Unlawful Activities Prevention Act (UAPA) cannot be imposed unless there was violence along with terrorism, association, or conspiracy.
Responding to Navlakha’s submission, the NIA said prima facie evidence showed there was a “conspiracy within a larger conspiracy”.
Navlakha has been charged under sections 120B (criminal conspiracy) and 34 (common intention) of the Indian Penal Code.
UAPA applicable against Navlakha: NIA
“With regard to Navlakha, they may not have allegations of any violent act against him, but conspiracy with UAPA will be applicable against him. Prima facie investigation revealed these aspects. Navlakha conspired with other arrested and wanted accused persons to further the ideology of the Communist Party of India (Maoist)”, Vyas submitted.
He added that prime facie the evidence showed that every individual was assigned a role and performed that role.
“You cannot say that 'only the material which names me should be used against me' or that ‘I was only concerned with setting appointments, for funds, etc'. if we take one out, the chain will fall apart”, Vyas reasoned.
Navlakha's lawyers had submitted that he was a well-known Maoist researcher who had been on various fact-finding enquiries, which the NIA dismissed as a “facade to advance the ideology of the banned CPI (Maoist) party”. Vyas will continue his submissions on Tuesday.
