Delhi HC doesn't have jurisdiction to entertain Navlakha's bail plea: SC
The Supreme Court on Monday set aside a Delhi High Court order asking the National Investigation Agency (NIA) to produce records on transfer of activist Gautam Navlakha, who is facing charges under UAPA for alleged Maoist links following the violence in Bhima Koregaon, from Delhi to Mumbai.
The court said Delhi HC has no jurisdiction in entertaining Navlakha’s bail plea, adding that courts in Mumbai have jurisdiction. The court order expressed displeaure over proceedings before Delhi HC saying “it was the jurisdiction of the Bombay Court alone to entertain any application” and termed Navlakha moving Delhi HC as “misconceived venture”. It added that “exercise” in HC “totally uncalled for”.
Supreme Court allows NIA appeal against Delhi High Court order seeking details regarding transfer of Bhima Koregaon case accused Gautam Navlakha to Mumbai. Also expunges adverse remarks by HC single judge against NIa. @IndianExpress
— Ananthakrishnan G (@axidentaljourno) July 6, 2020
The apex court also expunged adverse remarks made by a single judge bench against the NIA while hearing Navlakha’s bail plea.
The SC had on June 3 heard a plea by the NIA challenging the HC order seeking records of proceedings before special courts in Delhi and Mumbai in the Bhima Koregaon case and listed the matter for hearing after 15 days.
The NIA had challenged that a single judge could not have entertained the interim bail application of an accused who is charged by an authority outside the territorial jurisdiction of Delhi HC and who is in judicial custody vide a valid jurisdictional remand order passed by the Special Judge, NIA, Mumbai, outside the HC’s territorial jurisdiction. It pointed out that the SC had already rejected his prayer for interim bail on medical grounds.
Navlakha, who was lodged in Tihar jail, was shifted to Mumbai on May 25 for further probe in the FIR pending in Mumbai.