Justice Bhat recuses himself from hearing Gautam Navlakha’s plea

File photo of Justice S Ravindra Bhat

New Delhi: Justice S Ravindra Bhat today became the fifth apex court judge to recuse himself from hearing a plea filed by civil rights activist Gautam Navlakha, who has challenged the Bombay High Court order refusing to quash an FIR lodged against him in the Koregaon Bhima violence case.

On 30 September, Chief Justice of India Ranjan Gogoi had recused himself from hearing Navlakha’s plea.

Later on 1 October, the three judges of a bench — justices N V Ramana, R Subhash Reddy and B R Gavai — had also recused themselves from hearing the matter.

When the matter came up for hearing today before a bench comprising justices Arun Mishra, Vineet Saran and S Ravindra Bhat, justice Bhat recused himself from hearing the case.

When the bench was informed by Navlakha’s counsel that the three week protection given to him by the Bombay High Court was expiring on Friday, the bench said his petition would be heard by another bench tomorrow.

The Maharashtra government had earlier filed a caveat in the matter seeking to be heard before any orders are passed.

On 13 September, the high court had refused to quash the FIR lodged against him in the 2017 Koregaon-Bhima case and for having alleged Maoist links, noting that there was prima facie substance in the case.

The high court had said, ”Considering the magnitude of the case, we feel a thorough investigation is required”.

The high court had, however, extended the protection from arrest to Navlakha for a period of three weeks to enable him to approach the Supreme Court to file an appeal against its order.

The FIR was lodged against Navlakha and others by the Pune Police in January 2018 after the Elgar Parishad held on 31 December, 2017 that had allegedly triggered violence at Koregaon Bhima in Pune district the next day.

The police has also alleged that Navlakha and other accused in the case had Maoist links and were working towards overthrowing the government.

Navlakha and the other accused were booked under the provisions of the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code.

Besides Navlakha, four others — Varavara Rao, Arun Ferreira, Vernon Gonsalves and Sudha Bharadwaj, are accused in the case.