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Elgar Parishad case: Supreme Court changes police custody to judicial in bail order of Gautam Navlakha

The Supreme Court on Friday changed the term ‘police custody’ in the order directing shifting of activist Gautam Navlakha to hospital to ‘judicial custody’.

The Apex Court changed the order as Navlakha, while at hospital, will be under ‘judicial custody with police escort’.

The change was made after Solicitor General Tushar Mehta submitted that the use of word “police custody” in the order can lead to technical problems.

Advocate Shadan Farasat, along with Advocate Warisha Farasat, appearing for Navlakha, consented to the change of the wordings of the order.

The order directing Navlakha to be shifted to hospital was passed by a Bench of Justice K.M. Joseph and Justice Hrishikesh Roy on Thursday.

The Supreme Court had directed the Taloja Jail Superintendent yesterday to immediately shift activist Gautam Navlakha, who was arrested under the stringent Unlawful Activities (Prevention) Act, to Mumbai’s Jaslok Hospital for treatment.

The Apex Court had said that medical treatment was a fundamental right of a prisoner.

The Bench had on Thursday also permitted 70-year-old Navlakha’s partner Sahba Hussain and his sister to meet him in the hospital.

Navlakha was arrested for his alleged involvement in the Elgar Parishad case.

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