Chief Justice Of India Recuses From Hearing Navlakha’s Plea To Quash FIR Against Him In The Bhima Koregaon Case

Chief Justice of India Ranjan Gogoi has recused from hearing the plea filed by Gautam Navlakha seeking the quashing of an FIR registered against him in the Bhima Koregaon case.

Navlakha had moved the Supreme Court against a Bombay High Court judgment which had turned down his plea.

After the matter came up for hearing, CJI Gogoi directed that the matter be listed before a bench which does not include him.

The Bombay High Court had dismissed Navlakha’s plea to quash the FIR registered against him by the Pune police which accused him of having links with banned Maoist groups.

The Pune police had placed before court, several letters exchanged between allegedly CPI (Maoist) members, a critical report of Navlakha written by the banned CPI (Maoist) and other allegedly Maoist documents, besides documents submitted by the state, in a sealed envelope.

However, the Bombay High Court had emphasized that observations in its order are only prima facie in nature and should not influence the trial court's decision in the matter.

The Bombay High Court also extended the interim protection from arrest given to Navlakha for a period of three weeks giving him time to approach the Supreme Court in appeal.

The State of Maharashtra had filed a caveat in the Supreme Court on September 16 in this case.

Gautam Navlakha and four other activists were implicated after an Elgar Parishad meeting held on December 31, 2017, allegedly provoked violence at the Koregaon-Bhima village in Pune the next day.

He was booked under provisions of the Unlawful Activities (Prevention) Act (UAPA) and Sections 121, 121(a) and 124 of the Indian Penal Code (IPC). These sections pertain to waging a war against the State, conspiring to commit certain offences against the State, and sedition.

It may be recalled that he had moved the Delhi High Court soon after he was arrested on August 28, 2019. In his Habeas Corpus petition, Navlakha had challenged the manner of his arrest and the subsequent transit remand order passed by the CMM.

The matter had even reached the Supreme Court in September last year. The Supreme Court had stayed his arrest and that of four other activists as well extended the stay.