Mumbai: In the detailed 39-page order rejecting writer Gautam Navlakha’s bail application, a special court has said that allegations in the chargesheet prima facie show nexus between Navlakha and Jamaat-e-Islami activist Ghulam Nabi Fai, who was arrested in 2011 by the US Federal Bureau of Investigation for links with Pakistan’s Inter-Services Intelligence (ISI).
The National Investigation Agency (NIA) has alleged in its chargesheet that Navlakha had visited the US thrice to address ‘Kashmiri American Council’ (KAC) Conference organised by Fai (who is also its founder) and that he was in touch with him through email and sometimes through phone.
Fai arrested by FBI in July 2011
The court noted that Fai was arrested by the FBI in July 2011 for accepting funds from ISI and the Pakistan government. The NIA alleged that Navlakha had written a letter to a US Court conducting Fai’s case for clemency.
Special NIA Judge Rajesh Katariya also considered that prosecution had produced a copy of a document pertaining to the US case of Fai downloaded by Navlakha, while observing the nexus.
Navlakha’s advocates had argued that a document from the Pune police chargesheet – “A report on Gautam Navlakha (GN)” – shows that he was against Maoist ideology, was critical of the violence used by it and the Maoist party had a deep hostility towards him for the same; in fact, it was also deeply suspicious of him that it considered him an agent of the Indian government. Judge Katariya said that though there appears to be some deviating conduct on his part, these cannot grant any benefit to him for bail.
Navlakha had also submitted arguments regarding his old age and claimed parity with his co-accused Anand Teltumbde who was granted bail by the Bombay High Court. On the seeking of relief on grounds of his age, the special court said that in view of the seriousness of allegations against him, collective interest of the community would outweigh in the case. It said he cannot seek parity as his role is much different from Teltumbde’s.
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