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2021 Supreme(SC) 257

GAUTAM NAVLAKHA – Appellant
Versus
NATIONAL INVESTIGATION AGENCY – Respondent


Advocates appeared:
For the Appellant :Mr. Shadan Farasat, Advocate
For the Respondent:S.V. Raju, Sairica Raju, Advocate, Guntur Pramod Kumar, B. V. Balaram Das, Advocates

JUDGMENT

K.M. Joseph, J.

Leave granted.

2. On the basis of FIR No. 4 of 2018 dated 08.01.2018, registered at Vishrambagh Police Station, Pune, Maharashtra, which was one registered under Sections 153A, 505(1B) and Section 34 of IPC to which Section 120(B) was added on 06.03.2018 and still further into which, Sections 13, 16, 17, 18, 18B, 20, 38 and 40 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'the UAPA', for short), were added on 17.05.2018, and, in which FIR, the name of the appellant was added on 22.08.2018, the appellant came to be arrested from his residence in Delhi on 28.08.2018. The appellant moved Writ Petition No. 2559 of 2018 seeking a Writ of Habeas Corpus in the High Court of Delhi. The High Court, apart from issuing notice, inter alia, ordered that no further precipitate action of removing the appellant from Delhi be taken till the matter was taken at 04:00 P.M.. The Order was passed at 02:45 P.M.. In the meantime, the CMM at Saket, Delhi disposed of an Application seeking transit remand with the following Order:

    "FIR No. 4/18

    PS: V


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