Solicitor General (SG) Tushar Mehta voiced his concerns about the treatment received by Gautam Navlakha, an accused in the Bhima Koregaon case, in both the Bombay High Court and the Supreme Court. Mehta referred to Navlakha's experience as a "red carpet" treatment, sparking a debate among legal professionals.
Senior advocate Neeraj Kishan Kaul, representing Tamil Nadu Minister Senthil Balaji, countered Mehta's statement, describing it as inconsiderate and unfortunate. Kaul reminded the court that the highest court of the land had already ruled on Navlakha's rights, implying that there was no preferential treatment.
The discussion arose during a separate case in which the Enforcement Directorate (ED) challenged the Madras High Court's decision to allow Minister Senthil Balaji to undergo bypass surgery at a private hospital. Mehta's remark came in response to Kaul's reference to Gautam Navlakha's case, where he had been granted relief on medical grounds.
The Supreme Court had previously ordered Navlakha's transfer from Taloja Jail to house arrest for a month due to his advanced age and multiple health issues. Navlakha had raised concerns about the lack of necessary medical care and the hardships he faced in Taloja jail.
The ED's plea in Balaji's case argued that the Madras High Court had erred in entertaining a habeas corpus petition filed by Balaji's wife after he was remanded to custody. The ED claimed that Balaji had feigned illness and admitted himself to a hospital immediately after the remand order was passed.
The High Court is yet to provide its opinion on the maintainability of the habeas corpus petition. The Supreme Court vacation bench, comprising Justices Surya Kant and MM Sundresh, deferred the hearing, awaiting the High Court's decision. The apex court stated that it would intervene if the High Court's order contradicted established legal principles or statutory provisions.
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