Mumbai, Dec 04: The Bombay High Court, on Thursday, granted bail to former Delhi University professor Hany Babu, who was arrested in 2020 in connection with the Elgar Parishad–Maoist links case.
The National Investigation Agency (NIA), which probed the case, requested a stay on the order to allow them time to file an appeal before the Supreme Court.
However, the bench of Justices Ajey Gadkari and R.R. Bhonsale denied the request, citing the fact that Babu has been incarcerated for an extended period of over five years and seven months. Babu is scheduled to be released upon depositing a bail bond of Rs 1 lakh along with necessary sureties.
Arrest & Allegations
Babu was initially arrested on July 28, 2020. The charges against him include being a member of the banned Communist Party of India (Maoist) and involvement in an alleged conspiracy, including a plot to attack Prime Minister Narendra Modi.
He was also accused of being part of a committee that supported fellow academic G.N. Saibaba, who had been sentenced to life imprisonment for alleged Maoist connections.
Previous Bail Attempts Failed
Babu's previous attempts to secure bail were unsuccessful. In February 2022, a trial court rejected his bail plea, and this decision was subsequently upheld by the high court in September 2022. Babu then challenged the rejection before the Supreme Court, which sought a response from the NIA in January of the current year.
However, in May, Babu withdrew his plea from the top court, citing a change in circumstances, and indicated his intention to file a fresh bail application with the high court. He then filed the present bail plea.
Arguments In Court
Babu's counsel, Yug Chaudhary, argued for bail primarily on the grounds of the inordinate delay in the trial proceedings. He highlighted that the NIA had not yet responded to the discharge application filed by Babu in the special NIA court in Mumbai.
Chaudhary also referenced the HC’s January order, which, while granting bail to activists Rona Wilson and Sudhir Dhawale, had directed the special NIA court to expedite the trial and complete the framing of charges within nine months.
Additional Solicitor General Anil Singh strongly opposed the bail application, stressing that Babu was charged under the Unlawful Activities Prevention Act (UAPA) for alleged involvement in terror activity.
Singh explained that the NIA had indeed filed a reply to the discharge application, but the special court had decided to hear the discharge pleas of all the accused in the case together, which caused the delay. He also noted that Babu’s custody period was shorter than that of other accused, including Wilson and Dhawale.
Status Of Other Accused
Sixteen persons were arrested for their alleged conspiracy in the case. Others to be released on bail are former IIT professor Anand Teltumbde, Telugu poet P. Varavara Rao, lawyer-activist Sudha Bharadwaj, activist-journalist Gautam Navlakha, activist and former Nagpur University professor Shoma Sen, activists Vernon Gonsalves, Arun Ferreira, singer-poet Jyoti Jagtap and activist Mahesh Raut.
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Three remain in custody, including lawyer Surendra Gadling, who was arrested in 2018, and poets-singers Sagar Gorkhe and Ramesh Gaichor, who were arrested in 2020. Father Stan Swamy passed away in custody in 2021.
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