The Bombay High Court will give its order on bail plea by Hany Babu, an accused in the Elgar Parishad case. A division bench of Justices N M Jamdar and N R Borkar has been hearing the bail plea since August.
Babu, Associate professor at Delhi University, was named as co-conspirator in propogating Maoist acitivities and ideology, on the instructions of leaders of the banned CPI (Maoist) organisation, by the National Investigation Agency (NIA).
Hany Babu was arrested in July 2020 in the case and is currently lodged at the Taloja prison in neighbouring Navi Mumbai. He approached the HC in June this year, challenging an order of the special NIA court here which rejected his bail plea earlier this year.
Babu in his plea said the special court had "erred" in holding that there existed prima facie incriminating material against him.
In his petition filed through advocates Yug Chaudhary and Payoshi Roy, Babu said while the NIA had cited a letter speaking of a conspiracy to kill Prime Minister Narendra Modi as evidence in the case, the alleged letter did not incriminate him.
There existed no evidence to even suggest that he intended to or supported activities to cause disaffection against India, the plea said.
The NIA had opposed the bail plea, arguing that Babu actively participated in activities to promote Naxalism and wanted to overthrow the government.
Additional Solicitor General (ASG) Anil Singh, appearing for the NIA, had claimed Babu was a member of the banned outfit CPI (Maoist) and the prosecution seized material from his laptop to show he was in constant contact with other accused in the case.
Hany Babu wanted to promote and expand Naxalism and was part of the conspiracy to wage a war against India by overthrowing the elected government, Singh said.
He along with others wanted to set up "Janata Sarkar" i.e. people's government by arms struggle, Singh had told the court. The ASG had also argued that Babu used to train other members of the outfit on how to avoid phone tapping.
