In a significant relief to human rights activist Gautam Navlakha, the Bombay High Court has permitted him to shift his residence from Mumbai to New Delhi for the duration of the ongoing Elgaar Parishad case. The court cited his advanced age and financial difficulties as primary reasons for relaxing his bail conditions.
Court's Decision and Imposed Conditions
A division bench comprising Justices Bharati H Dangre and Shyam C Chandak delivered the verdict on Wednesday, December 17, 2025. The bench overturned a special court's order from June 2025 that had denied Navlakha this relief. However, the court has set strict conditions for the 73-year-old activist.
Navlakha is directed to surrender his passport and is barred from leaving Delhi without explicit permission from the trial court. He must report to the Kalkaji police station, near his intended residence, every Saturday. Furthermore, he is obligated to appear before the special National Investigation Agency (NIA) court for the framing of charges and on all crucial trial dates, unless specifically exempted.
"We are conscious that you are entitled to your liberty (since out on bail), but you are not a free man yet, so reporting once a week is not very difficult," the bench remarked orally during the hearing.
Reasons Behind the Relief
The High Court bench had indicated its inclination to grant relief a day earlier, on Tuesday. It observed that a person on bail, away from his hometown at an "advanced age," might feel "lost and uprooted from his society and friends." The court also noted that there was no material presented to suggest Navlakha was a flight risk.
Navlakha's advocate, Yug Mohit Chaudhry, argued that his client was facing a "high cost of living" in Mumbai and was financially dependent on friends and family since his release on bail. He also emphasized that the trial had not yet begun and was likely to be protracted, making a long-term stay in Mumbai burdensome.
NIA's Opposition and Legal Background
The NIA, represented by Additional Solicitor General Anil Singh and advocate Chintan Shah, strongly opposed the plea. They contended that granting such relief would set a precedent, as most co-accused in the case are from other states and might seek similar concessions, potentially disrupting the trial process.
Navlakha was initially granted bail by the Bombay High Court in December 2023, with a condition to stay within Mumbai's jurisdiction. The Supreme Court upheld this order in May 2024. He was subsequently released and has been living with his partner, Sahba Husain, in Mumbai.
The detailed written order from the Bombay High Court is expected to be released in due course.
The Elgaar Parishad Case: A Recap
The case stems from an event on December 31, 2017, in Pune. Investigators allege that speeches made at the Elgaar Parishad meeting incited caste-based violence the next day at the Bhima Koregaon war memorial. Navlakha is accused of conspiring with the banned CPI (Maoist) to propagate its ideology and destabilize the government.
He faces charges under the stringent Unlawful Activities (Prevention) Act (UAPA) and various sections of the Indian Penal Code (IPC), including conspiracy and sedition.
His legal journey has been long. After being placed under house arrest in 2018, he was formally arrested in April 2020. Citing age and health concerns, the Supreme Court moved him from Taloja jail to house arrest in November 2022, on the condition of paying Rs 20 lakh for surveillance costs. His regular bail in May 2024 came with the initial condition of residing in Mumbai, which has now been modified.
