The Supreme Court on Tuesday gave eight weeks to the Bombay High Court to decide on a petition filed by Bhima Koregaon accused Gautam Navlakha questioning the Maharashtra Police FIR that linked him with banned terrorist organization Communist Party of India (Maoist).

Facing charges under the draconian Unlawful Activities (Prevention) Act, Navlakha's petition remained pending in HC since October 5, 2018 as separate proceedings against him were pending before the Supreme Court as well.

The state counsel Nishant Katneshwarkar informed the bench of Chief Justice Ranjan Gogoi, Justices Deepak Gupta and Sanjiv Khanna that Navlakha's challenge to the FIR against him was getting adjourned citing the proceeding in SC where a Delhi HC order cancelling the transit remand of Navlakha on October 1, 2018 is under challenge. As a result, Navlakha was set free from the house arrest ordered by the apex court. The state had questioned the Delhi HC order on three counts –habeas corpus petition was not maintainable when accused is in lawful custody of police, transit remand cannot be set aside in such a proceeding, and requirement of case diary not mandatory while seeking transit remand of accused.

Keeping these questions open for consideration at a later date, the bench asked the HC to expeditiously hear and decide Navlakha's petition on quashing of FIR, preferably within eight weeks. The SC bench asked the state that even if the petition before it was to be decided on merits, it will have no effect on the matter pending with the Bombay HC.

The bench did agree with the state government that the decision of the Delhi HC required to be gone into but that should never be an impediment for the Bombay HC to independently decide on the prayer seeking quashing of FIR.

Navlakha was arrested on August 28 last year along with four other activists Vara Vara Rao, Arun Ferreira, Vernon Gonsalves and Sudha Bhardwaj based on evidence gathered from their residence and office which led to recovery of incriminating material showing a sinister plot to wage war against the country.

Previously, the apex court has had the opportunity to examine the evidence collected by the Maharashtra police and examine the serious allegations against them. On September 26, 2018, the apex court had held that the action of police was right and allowed them to further proceed with investigations while ordering the five accused to remain under house arrest for four weeks. It was during this time, the Delhi HC set aside the transit remand against Navlakha forcing the state to approach the apex court.

Pending Since Oct

Facing charges under the Unlawful Activities (Prevention) Act, Navlakha’s petition remained pending in HC since October 5, 2018 as separate proceedings against him were pending before the Supreme Court as well