Judge recuses from hearing on Navlakha's plea

New Delhi: For the third time in sequence, left-wing activist Gautam Navlakha’s — alleged to have links with outlawed Communist Party of India (Maoist) — plea seeking the quashing of FIR against him in Bhima Koregaon case could not be taken up for hearing as Justice S. Ravindra Bhat recused himself from hearing the matter.

Heading the bench, Justice Arun Mishra directed the listing of the matter before another bench for hearing on Friday.   Besides Justice Mishra, other judges on the bench are Justice M.R. Shah and Justice Bhat.

Earlier Chief Justice Ranjan Gogoi had recused from hearing the matter, followed by Justice M. Shantanagoudar.

The court directed the listing of Navlakha’s plea before another bench on Friday, as lawyer Nitya Ramakrishnan appearing for Mr Navlakha told the court that three weeks protection from arrest given by the Bombay high court was ending on Wednesday.  

The Bombay high court had on September 13, 2019, rejected the plea of activist Navlakha to quash the FIR registered against him by the Pune police in January 2018 for his alleged involvement in the Bhima-Koregaon violence.

Rejecting Mr Navlakha’s plea for the quashing of FIR, the high court had, however, extended its earlier interim order protecting him from coercive action for three weeks, to enable him to approach the top court.

Maharashtra government had on September 17 filed a caveat in Supreme Court  to stall left-wing activists Gautam Navlakha from seeking ex-parte order while challenging the Bombay high court order rejecting his plea for the quashing of the FIR in Bhima Koregaon violence case.

Maharashtra police has alleged that Mr Navlakha along with his associates has links with outlawed Communist Party of India-Maoist and was involved in Bhima Koregoan case. Ms Navlakha along with Sudha Bhardwaj, Varavara Rao,  Vernon Gonsalves, and Arun Ferreira are accused in BhimaKoregoan violence case and for having alleged links with outlawed Communist Party of India-Maoist.

The matter relates to alleged singing of “objectionable songs” and making of instigating comments, speeches, sloganeering at ‘Elgar Conference’ by accused Sudhir Dhawale and others at Bhima Koregaon “Shouryadin Prerna Abhiyan” organised by Kabir Kala Manch on December 31, 2017.