CJI recuses self from hearing Gautam Navlakha's plea against Bombay HC

In a significant development in the Bhima Koregaon case on Monday, the Chief Justice of India has recused himself from hearing the plea of accused Gautam Navlakha, who had appealed in the Supreme Court against the quashing of the Bombay High Court order. CJI Ranjan Gogoi has recused himself from hearing the matter in which Navlakha has appealed against the Bombay High Court's September 13 order rejecting his demand of quashing the FIR by Pune Police in Bhima Koregaon case. The case is now likely to be taken up by a bench in a day or two. Earlier, the Government of Maharashtra had filed a caveat plea in the apex court against his plea. Navlakha along with Sudha Bhardwaj, Varavara Rao, Vernon Gonsalves, and Arun Ferreira are accused in the Bhima Koregoan case and for alleged links with the outlawed Communist Party of India-Maoist.

READ: Maharashtra Govt files caveat plea in SC against Gautam Navlakha

Govt of Maharashtra files a caveat plea

The government of Maharashtra on Tuesday filed a caveat plea in the Supreme Court anticipating Gautam Navlakha's appeal against the Bombay High Court's refusal to quash an FIR filed against him by the state police in the Bhima Koregoan case.  The Bombay HC had on September 13 refused to quash the case lodged against Navlakha. The Bombay HC had noted that there is a prima facie substance in the case. "Considering the magnitude of the case, we feel a thorough investigation is required," a division bench of Justices Ranjit More and Bharati Dangre had said. It had further added, "The case is not without basis and absence of material."

READ: War and Peace' controversy: HC judge misquoted in Bhima-Koregaon case

Bombay HC dismissed Gautam Navlakha's petition

Bombay HC had also dismissed the petition filed by Gautam Navlakha seeking to quash the FIR lodged against him by the Pune police in January 2018, after the Elgar Parishad held on December 31, 2017. The Elgar Parishad had allegedly triggered violence at Bhima-Koregaon in Pune district the next day. The police had also alleged that Gautam Navlakha and others accused in the case had Maoist links and were working towards overthrowing the government. "The offence is not limited to Koregaon-Bhima violence. There are many more facets to it. Hence, we feel investigation is required," the court had said.

READ: Bhima-Koregaon case: Bombay HC refuses to quash Gautam Navlakha's case

Gautam Navlakha's Council's statement

After the Bombay HC pronounced its judgment, Navlakha's counsel Yug Chaudhary sought an extension of the interim protection from arrest granted to Navlakha by the High Court after he had filed the petition. The bench agreed and extended the protection from arrest to Navlakha for a period of three weeks to enable him to approach the Supreme Court in an appeal against the HC order. Gautam Navlakha and the other accused were booked under the provisions of the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code. Navlakha's lawyer Yug Chaudhary had argued that the accused was an author and a peace activist and was a specialist in conflict zones.

READ: Elgaar Parishad case: DU Prof Babu's house raided over Maoist links