Mumbai: The Bombay High Court on Friday allowed former Delhi University professor Hany Babu, an accused in the Elgar Parishad-Maoist links case, to undergo cataract treatment at Saifee Hospital in south Mumbai.
Babu, who is currently lodged at Taloja Central Prison, will be taken to Saifee Hospital on December 20 under escort. He is to be taken back to prison on December 24.
A division bench of Justices Ajey Gadkari and PD Naik directed the CEO of the Saifee Hospital to submit the medical report of Babu to the National Investigation Agency (NIA) at the time of his discharge from the hospital.
The HC was hearing a petition by Babu seeking permission to undergo cataract surgery and treatment for his knee pain and abdominal pain at either of the two private hospitals — Bombay Hospital or Saifee Hospital.
NIA counsel Sandesh Patil suggested that the treatments for the ailments mentioned by Babu were available at the State-run JJ Group of Hospitals.
However, Patil submitted that the NIA is not opposed to him taking treatment at a private hospital. However, he submitted that the hospital permits 2 guards to be stationed where Babu will be admitted.
“CEO Saifee is directed to permit NIA to keep 2 guards round the clock,” added the court.
Yug Chaudhary, counsel for Babu, said that apart from cataract surgery, the professor has severe knee pain and abdominal pain. “He is having difficulty in vision because of cataract. I am not pressing bail. Let him be taken under escort. He will pay his own hospital charges,” said Mr Chaudhary.
The counsel urged the court that Babu be taken back to prison after the doctor certified that he is fit for discharge. According to the doctors consulted by Babu, it would require 3-4 days to undergo cataract surgery and preliminary tests for other ailments.
In case, the tests suggests he requires to undergo some surgery for abdominal pain, then would have to be taken back to the hospital.
However, Justice Gadkari said they there cannot be ambiguous order. “There Can’t be ambiguity in order. In our experience it becomes unending. Let him be taken back to the jail. Then he can be taken back to the hospital for further treatment,” said Justice Gadkari.
The court also noted that on earlier two occasions Babu was permitted to undergo treatment at Breach Candy Hospital. At the time, he abides by all the condition.
The HC has permitted close family members, whose names are mentioned in petition, to meet him at the hospital.
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