The Maharashtra government will be appealing against the Delhi High Court ruling which freed “urban naxal” Gautam Navlakha from house arrest, Live Law has reported. The High Court had said that the case diary and FIR which were submitted to the accused and the magistrate were not in a familiar language and, therefore, refused to extend Navlakha’s remand.
Nishant Katneshwar, counsel for the Maharashtra government, filed a plea at the Supreme Court challenging the bail order of Delhi HC. In its petition, the Maharashtra government contended that the Delhi High Court misread Section 167(1) of Code of Criminal Procedure. It has argued that the case diary needs to be published only if the accused is produced before a jurisdictional magistrate.
The government also said that the accused was arrested under the UAPA (Unlawful Activities Prevention Act) after a ‘hot pursuit’ by the Maharashtra Police and it had, therefore, been unable to produce translated copies.
On Friday (September 28), the Supreme Court of India announced that it will refrain from intervening in the matter of Bhima-Koregaon case, which led to the arrest of five suspected “urban naxals”. The court said that it is not a case of arrest for dissent.
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