This came after the agency stoutly opposed Navlakha’s plea, claiming that he is “in touch with Kashmiri extremists” and Pakistani intelligence agency “ISI”. The Supreme Court on Wednesday asked the NIA to inform it on Thursday about restrictions it wants in place in case the court decides to allow Bhima Koregaon violence case accused Gautam Navlakha’s plea to shift him to house arrest. This came after the agency stoutly opposed Navlakha’s plea, claiming that he is “in touch with Kashmiri extremists” and Pakistani intelligence agency “ISI”. The agency also told the court that Navlakha can “write mails, etc, which can’t be prevented in house arrest”. The agency produced US court documents allegedly linking Navlakha to ISI agent Ghulam Nabi Fai, who was convicted in the US for accepting funds from ISI, and said it shows Navlakha was “introduced to an ISI General for recruitment by Fai at ISI’s direction”. The bench of Justices K M Joseph and Hrishikesh Roy, however, said, “We have already recognised house arrest as a form of custody…. We don’t know when you will succeed in convicting. What kinds of restrictions you want to put, you tell us that. And it is not as if it’s going to be there for eternity. We will try out… Not just age, it’s not as if he is in the best of health.” Navlakha had approached the court stating that he suffered from dental problems and skin allergies, and wanted to undergo colonoscopy for suspected cancer. Appearing for Navlakha, senior counsel Kapil Sibal said the charge sheet in the case was filed in October 2020 but charges have not been framed yet. As the bench termed this “disturbing”, Additional Solicitor General (ASG) S V Raju, appearing for NIA, said the delay was part of a “well-thought-out strategy” by the accused to delay the proceedings. “Day in and day out applications are filed; it not only hampers investigation (but) also hampers progress of the trial,” Raju submitted. “You don’t allow the trial to progress because you take a stand that my trial is not going on, and therefore grant me bail…. The investigation officer has to run from court to court, prepare affidavits, etc. This is not something which is natural.” Raju urged the bench to call for records of the lower court “and see how many applications are filed, almost every alternate day”. He said, “There are 16 discharge applications pending. The tactic is this: he will not get bail because of the merits. Therefore go to the court and say the trial is being delayed. Who is delaying it? You are filing one after the other discharge applications for delaying the trial…” “Bail has to be obtained by hook or crook; that is the strategy — if you don’t get it on a regular basis, go for medical…” he submitted. Justice Joseph asked why NIA cannot control Navlakha’s activities when he is under house arrest and said, “Constables will be posted.” Raju replied, “The offence is very serious…it will be very difficult to control in house…. Constables will not be posted inside the house, but outside; not on his bed or something.” As the bench asked what the charge against Navlakha was, Sibal said, “That he interacted with Maoists. He is a research person; he did interact with Maoists, but he is not pro-Maoist. He is a human rights activist”. But referring to materials produced by the NIA, Raju said, “They want to destroy the country…Their ideology is of that type. It is not as if they are innocent people…They are persons who are involved in actual warfare against the country.” Justice Joseph then remarked, “Who is destroying this country? Want me to tell you? People who are corrupt. Every office you go into, what happens…who takes action against the corrupt?…We saw a video where people talk about crores of rupees to buy our so-called elected representatives…. Are you saying that is good; that they are not doing anything against our country?” Raju pointed to the affidavit, which cited letters allegedly exchanged between Navlakha and top Maoist Katkam Sudharshan, alias Anand. The NIA also produced a letter which it said had been recovered from Navlakha, in which he had purportedly written, “I believe you have received reports of the young activists from Delhi, Mumbai and CG [Chhattisgarh] who are ready to join and serve the Maoist revolution”. The agency told the court, “He is actively supporting the guerrilla movement, which resulted in the death of (a) large number of our jawans [paramilitary personnel]…. This is a violent revolutionary movement… It’s not as if we just picked up somebody — he is connected to the Maoist party in a big way…”