Bombay HC denies default bail to Gautam Navlakha in Elgar Parishad case | Mumbai Information –

MUMBAI: Bombay excessive court docket on Monday refused default bail to activist Gautam Navlakha (69), accused of alleged Maoist hyperlinks within the 2018 Elgar Parishad case. Navlakha, lodged at Taloja Central jail, had appealed in opposition to an NIA court docket’s rejection of bail on the grounds that his ‘home arrest’ constitutes custody.
The HC, nevertheless, excluded his 34 days of ‘home arrest’ in 2018 from the period of custody inside which the chargesheet needed to be filed by holding that the availability required such custody to be first authorised by a Justice of the Peace. His case argued by senior counsel Kapil Sibal was that the chargesheet in opposition to him was not filed inside 90 days as prescribed by legislation in his case, thus he was entitled to ‘default’ bail, below part 167 of Prison Process Code (CrPC).The CrPC provision “essentially presupposes a detention authorised by a Justice of the Peace,’’ stated the HC bench of justices S S Shinde and MS Karnik.

The HC agreed with the submission of senior counsel S V Raju for NIA that solely when detention is authorised by a Justice of the Peace after arrest, can the custody interval of 90 days be counted.

The Delhi excessive court docket had on August 28, 2018 stayed his transit remand and directed him to be stored below home arrest. The Supreme Court docket prolonged this and at last on October 1, 2018, the Delhi HC quashed his arrest, holding it unlawful.
The part units out that relying of the character of the offence if chargesheet will not be filed inside 60 or 90 days of a Justice of the Peace first remanding an accused to custody after arrest, and no extension is given, the accused will get default bail and could be launched from additional custody.

The HC stated the query earlier than it was whether or not the ‘home arrest’ interval constituted custody below the ‘default bail’ provision in CrPC. “It’s not attainable for us to fathom a scenario the place detention of the appellant (Navlakha) although held to be unlawful and illegal, rendering the authorisation by the Justice of the Peace untenable, be construed as an authorised detention for the aim of (default bail),’’stated the HC. The HC additionally famous that through the ‘home arrest’ police had no entry to Navlaka nor the event to interrogate him. They relied on a Supreme Court docket ruling which stated for detention below police custody, the police should have entry to the accused.

The HC, quoting from an SC ruling, stated the interval of custody begins from the date of remand and “not any anterior date’’ although the accused might have been taken into custody earlier by a police officer and disadvantaged of his liberty. Because the transit remand was stayed, it can’t be stated he was below police custody, stated the HC. It noticed no purpose to intervene with the order of the particular NIA court docket .

Also Read — Mumbai: Brother of Don Rajan booked for extortion 

MUMBAI: A case of extortion was filed in opposition to Deepak Nikhalje, brother of underworld don Rajendra alias Chhota Rajan, at Pant Nagar police station on Friday. A developer, Mukesh Patel, has additionally been booked, the police statedincluding that each are absconding.
The case pertains to a dispute arising out of a Slum Rehabilitation Authority scheme which two builders wished to develop. Deepak and builder Patel have been accused of threatening to vary the builder on behalf of the housing society.
The complainant is an 80-year-old man who lives in a transit camp in Govandi, Shivajinagar. There are greater than 100 slums in Namdev Housing Society within the neighborhood which is more likely to be developed beneath the SRA scheme.
“The complainant alleged that Deepak, who’s near Mukesh Patel, known as the complainant to his bungalow in Chembur and compelled him to signal an affidavit, stating that the committee of the housing society was altering the builder.. The complainant later lodged a criticism,” stated a police officer.
Deputy commissioner of police, zone 7, Prashant Kadam confirmed {that a} case of extortion (beneath part 384) has been registered in opposition to Deepak Nikalje and Patel.
In 2018 Deepak was booked for rape after a girl accused him of exploiting her by promising marriage. Subsequently, the matter was settled.

Also Read — No water at Marine Drive buildings for 2 days as pipe hit 

MUMBAI: Water provide to round 50 buildings alongside Marine Drive had been lower for over two days until late on Monday following a serious water pipeline burst throughout piling work for the coastal highway final Saturday.
Native corporators stated a whole bunch of properties on Marine Drive and neighbouring roads corresponding to Churchgate’s A, B, C and D roads had not been receving water provide because the weekend. Those that had been getting water complained that it was muddy.
BMC officers stated work on repairing the pipeline had began and was anticipated to be accomplished by Monday evening.
“The water pipeline burst throughout piling work for the coastal highway. The water provide division has already began the restore work. Now we have additionally knowledgeable the division to levy a penalty on the contractor for damaging the pipeline,” stated a senior civic official.
Officers from BMC’s water provide division stated they situated the spot the place the pipeline had burst.
“The repairs are taking time because it took some time to detect the pipeline burst, which additionally led to flooding. The supply of the pipeline burst may solely be situated on Monday morning—it was exterior Grant Medical Faculty gymkhana,” the official stated.
Native BJP corporator Aakash Purohit stated that is the primary occasion of such a serious water lower at Marine Drive. “I too am going through a water lower. My constructing has not been getting water since Sunday. BMC should repair the water provide quickly and guarantee they deal with such conditions higher the subsequent time. The contractor chargeable for this harm should be penalised closely,” Purohit stated.
Residents alleged BMC had not made any alternate preparations for water provide.
We’re managing to get water via personal tankers however they’re solely allowed on this space after 1pm. So there’s a battle for water within the morning. BMC stated restore work was happening a precedence foundation however up to now they haven’t given any dedication. Water tankers are additionally pricey,” stated Ashit Shroff, a resident of D Highway and member of the Marine Drive Residents Affiliation (MDRA).

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