Bombay High Court Asks Hany Babu To Seek Clarification From SC Regarding Forum To Approach For Seeking Bail

The Bombay High Court on Friday asked former Delhi University Professor Hany Babu, an accused in the Bhima-Koregaon Elgar Parishad case, to seek clarification from the Supreme Court as to whether he should be approaching the HC or the Special Court for afresh bail. 

This comes while the bench of Justices Ajay Gadkari and Kamal Khata commenced hearing Babu's appeal challenging an order passed by the Special NIA court in February 2022, denying him bail.

Notably, Babu's initial appeal against the special court's order before the Bombay High Court was dismissed and he was denied bail by an order passed on September 19, 2022. He had the challenged the HC order before the Supreme Court but withdrew the same on May 3, 2024 citing change of circumstances. These change of circumstances was the fact that eight of the accused in the case were granted bail by the Supreme Curt and also the High Court. 

According to Babu, the Supreme Court had granted him the liberty to seek bail afresh before the Bombay High Court. However, Additional Solicitor General Anil Singh for the National Investigation Agency (NIA) raised a preliminary objection stating that if the SC has granted him liberty to seek afresh bail, then he must approach the Special Court and not the HC.

Dr Yug Chaudhary representing Babu, however, opposed the objection. He said that he is ready to give up his arguments on merits for the moment and would argue only on the point of delay since his client has been behind the bars for 4 years 9 months now.

"This is a constitutional court and nothing can stop it from hearing my plea for bail on point of delay since my right to life and liberty is being violated," Chaudhary told the judges.

However, the judges too prima facie, opined that there is no liberty granted by the SC (by its May 3, 2024) order to Babu to file an appeal before the HC. It therefore, asked Babu to seek clarification from the SC and adjourned the hearing. 

Prof Babu was arrested by the National Investigating Agency on July 28, 2020 in the Bhima Koregaon – Elgar Parishad case and is in jail since then. He is accused of having 'deep involvement' with the Revolutionary Democratic Front (RDF) and the CPI (Maoist). He is also accused of following a leftist book "Secrecy Handbook" which allegedly recovered from Babu, explicitly states that "if one comrade is arrested, other comrades must do everything to help…by providing legal representation, publicity and organising protest."

This is specifically with regard to Babu's role in helping colleague Prof GN Saibaba, who too was named in the case.