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Delhi HC questions prosecution on Gautam Navlakha's arrest


ANI New Delhi (India)
Sushil Batra
New Delhi (India), Aug 29 (ANI): The Delhi High Court on Wednesday while hearing the petition filed by activist Gautam Navlakha, arrested on alleged involvement in the Bhima-Koregaon violence, questioned the prosecution as to why the arrest memo was not given to the activist or his counsel.
The court observed, "Punchnama not translated... How will grounds of arrest be communicated?" Court also raised questions on calling Navlakha an accused. "Gautam Navlakha is not an accused at this moment in a technical sense but only a person in question".
Replying to the question, the Counsel for Maharashtra said that a number of accusation were leveled against him, as highlighted in the FIR.
The Delhi High Court also raised questions in the trial court order and said the validity of the arrest would be examined. "How can a court (trial Court) grant transit remand without having English or Hindi translation of the concern documents," the court observed.
Navlakha, in his petition, stated that officials came to his house, but due to the lack of a search warrant, they were not allowed inside. The police later produced a warrant and conducted raids. He further claimed that the FIR did not contain his name, adding that he was not even present at the event.
The petition is regarding the legality of Navlakha's arrest and the transit remand issue.
In conclusion, the court said that since the Supreme Court is examining the matter, it would take up the case for hearing tomorrow, after a copy of the Supreme Court's order is received.
Navlakha, along with four others, were arrested for their alleged involvement in the violence that erupted in Bhima Koregaon in January this year in a gathering to mark the 200th anniversary of the Bhima-Koregaon battle.

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First Published: Aug 29 2018 | 8:10 PM IST

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