The supreme rejected the bail application of writer & renowned Human Rights Activist, Gautam Navlakha, who was booked under the Unlawful Activities (Prevention) Act (UAPA), for allegedly fomenting violence during the Bhima Koregaon event.

The apex court gave him and activist Gautam was given one week to surrender by the apex court which ends on April 14. Following which he would be arrested by the National Investigation Agency (NIA).

In Bhima Koregaon case it was alleged by Maharashtra police that they had hatched a conspiracy to ‘kill Prime Minister Nardenra Modi’ and thus ‘overthrow the government’ following which nine activists were arrested including Sudha Bhardwaj, Surender Gadling, Varvara Rao and others.

Gautam and another activist Anand Teltumbde around the time of arrest succeeded in getting court protection order from being arrested. After passing through various phases, finally Supreme Court asked both of them to surrender before the NIA since the case was handed over to the agency.

The renowned HR activist had a long and close association with Kashmir. He frequently visited, wrote about HR violations, and was a vocal defender of human and political rights of Kashmiris for last two decades. In 2011, he was detained at Srinagar airport and asked to return to national capital since his presence could have ‘disturbed law and order’    

Before surrendering, Gautam Navlakha, penned his thoughts. He pinned hopes upon his speedy and fair trial. Here is the statement/letter    

On April 14, Gautam Navlakha penned down some of his thoughts on his impending incarceration. Written in the form of a statement, the text has been produced in full below, with minor edits for style.

As I prepare to Ieave to surrender before the NIA headquarters in Delhi I am glad that Justice Arun Mishra and Justice Indira Banerjee gave me another week of freedom when they passed the order on April 8, 2020. A week of freedom means a lot in my condition, even in the age of lockdown. Their order resolved the predicament I encountered in complying with the March 16th order of the apex court, which obliged me to surrender by April 6th before the NIA, Mumbai. The lockdown that followed prevented me from travelling. Also there was no direction from NIA (Mumbai) regarding what I should do under the circumstances. I know now that I have to surrender myself to the NIA Head quarters in Delhi.

The Indian Prime Minister has likened the challenge posed by Covid19 pandemic to a state of “national emergency”. Meanwhile the apex court itself recently intervened in the matter of jail conditions, and issued guidelines to the authorities regarding the overcrowding of jail inmates and the threat posed to the prisoners and detenues, jail staff and other personnel assigned jail duties. This concern remains although no case of Covid19 infection has come from any jail so far, somewhat reassuring for me. However, I am affected by the fear that my near and dear ones harbour about my captivity amidst Covid19.

I cannot help but feel disappointed that the terse order of the Supreme Court on 8th April had no reference to the Covid19 pandemic, which has overtaken the world, including all of us in India.

However, I can now begin to face the actual legal process, which accompanies cases where provisions of Unlawful Activities (Prevention) Act are invoked. Such Acts turn the normal jurisprudence upside down. No longer is it the axiom that ‘a person is innocent unless proven guilty’. In fact, under such Acts, ‘an accused is guilty unless proven innocent’.

Draconian provisions of UAPA are not accompanied by stricter procedures regarding evidence, especially electronic, considering the stringent punishment provided for under the Act; the procedures, which otherwise provide tighter rules regarding evidence, are instead made elastic. Under this double whammy, jail becomes the norm, and bail an exception. In this Kafkaesque domain, process itself becomes punishment.

My hope rests on a speedy and fair trial for myself and all my fellow co-accused. This alone will enable me to clear my name, and walk free, having also used the time in jail to rid myself of acquired habits.

Until then,

“Won’t you help to sing

These songs of freedom

‘Cause all I ever have

Redemption songs

Redemption songs.

These songs of Freedom……” (Bob Marley)”

Gautam Navlakha

14th April 2020, New Delhi.