Latest news with #HanyBabu
United News of India
16-07-2025
- Politics
- United News of India
SC allows Hany Babu to seek Bail in Bhima Koregaon case
New Delhi, Jul 16 (UNI) The Supreme Court today granted liberty to former Delhi University Professor Hany Babu to approach either the trial court or the High Court for bail in the Bhima Koregaon-Elgar Parishad conspiracy case under the Unlawful Activities (Prevention) Act (UAPA). A bench comprising Justice Pankaj Mithal and Justice PB Varale passed the order while dismissing a miscellaneous application filed by Babu seeking clarification that the withdrawal of his earlier Special Leave Petition (SLP) did not prevent the High Court from hearing his bail plea. The court also said that Babu could seek revival of the earlier SLP filed in the Supreme Court. In September 2022, the Bombay High Court denied bail to Babu, who was arrested in July 2020 by the NIA over alleged Maoist links in the Bhima Koregaon case. Subsequently, in May 2024, he withdrew his SLP in the Supreme Court, stating his intent to approach the High Court for bail, citing a change in circumstances. On May 2 this year, the High Court observed that the Supreme Court's order allowing withdrawal did not expressly reserve liberty for him to approach it again, and asked Babu to seek clarification from the top court. During today's hearing, Advocate Payoshi Roy, appearing for Babu, submitted that he has spent five years as an undertrial and withdrew his SLP to approach the High Court as several co-accused had been granted bail on grounds of prolonged incarceration. She stated that in comparison to these accused, Babu was 'better placed.' The court was informed that the Bombay High Court had granted bail to Rona Wilson, Sudhir Dhawale, and Sudha Bharadwaj, while the Supreme Court granted bail to P Varavara Rao on medical grounds, and to Shoma Sen, Vernon Gonsalves, and Arun Ferreira on merits. Opposing the plea, the NIA counsel submitted that the miscellaneous application was not maintainable as a fresh bail petition lay before the NIA court, and the High Court would act as an appellate court under UAPA provisions. He argued, 'This is an interim bail couched as an MA.' Justice Mithal suggested that the petitioner approach the trial court, observing, 'Your primary ground is, some other accused has been granted bail, that can also be considered by the trial court.' Advocate Roy responded that constitutional courts could grant bail despite the restrictions of Section 43D(5) of UAPA, relying on judgments like K.A. Najeeb, which held that courts can grant bail on grounds of delayed trial and violation of Article 21. Justice Mithal acknowledged that constitutional courts can grant bail but questioned, 'Can we direct the High Court to consider a matter which does not lie before it?' He also noted that Babu's current plea was based on parity with co-accused and not specifically on grounds of delayed trial. Concluding the hearing, the bench ordered, 'The miscellaneous application is dismissed, leaving it open to seek remedies either before the trial court or the High Court or seek revival of the SLP.'
Time of India
16-07-2025
- Politics
- Time of India
Elgar case: SC asks ex-DU prof Hany Babu to move HC or trial court for bail
The Supreme Court addressed Hany Babu's bail plea in the Elgar Parishad case. It directed the former Delhi University faculty to approach either the Bombay High Court or the trial court for bail. Babu had previously withdrawn his plea to move the High Court. The NIA opposes Babu's bail, citing UAPA charges. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads The Supreme Court on Wednesday asked former Delhi University 's faculty Hany Babu to move either the Bombay High Court or the trial court for bail in the Elgar Parishad-Maoist links case.A bench of Justices Pankaj Mithal and P B Varale dismissed Babu's plea for a clarification on the point that his withdrawing the earlier appeal did not prevent the high court from hearing his bail withdrew his bail plea before the top court on May 3 last year in the case as he decided to move the high lawyer then said the high court court had granted bail to five co-accused persons in the Babu moved the high court, it said the apex court's order permitting the withdrawal of his plea did not reserve his liberty to move the high court and asked him to seek a clarification from the top counsel on Wednesday submitted he had undergone five years as an undertrial and withdrawn the special leave petition from the top court to move the high NIA's counsel opposed the plea, calling the application not maintainable for a fresh bail application ought to go before the NIA said the high court was a court of appeal and the case involved Unlawful Activities (Prevention) Act bench then said, "Your primary ground is, some other accused has been granted bail, that can also be considered by the trial court."The apex court further remarked that it couldn't direct the high court to consider his bail plea and granted Babu the liberty to seek revival of his previous appeal withdrawn last high court on September 19, 2022 rejected his bail NIA has accused Babu of being a co-conspirator in propagating Maoist activities and ideology on the instructions of leaders of the banned CPI (Maoist) was arrested in July 2020 in the case and is currently lodged at the Taloja prison in Navi case relates to alleged inflammatory speeches delivered at the Elgar Parishad conclave, held in Shaniwarwada in Pune on December 31, 2017, which police claimed triggered violence the next day near the Koregaon Bhima war memorial located on the city's person was killed and several others were injured in the case, in which over a dozen activists and academicians had been named accused, was initially probed by the Pune Police and later taken over by the NIA. Babu approached the HC in June this year, challenging an order of the special NIA court here which rejected his bail plea earlier this in his plea, had said the special court had "erred" in holding that there existed prima facie incriminating material against NIA had opposed the bail plea, arguing Babu actively participated in activities to promote Naxalism and wanted to overthrow the government.
Hindustan Times
18-05-2025
- Politics
- Hindustan Times
HC questions maintainability of Hany Babu's fresh bail plea
MUMBAI: The Bombay high court earlier this month questioned the maintainability of the fresh bail application filed on June 10, 2024, by former Delhi University (DU) professor Hany Babu, an accused in the Bhima Koregaon violence case. Babu's plea had challenged the 2022 order passed by the NIA (National Investigation Agency) court denying him bail as well as the 2022 judgment passed by the high court, which dismissed his plea against the NIA order. Babu, a professor of English literature in Delhi University, was arrested and lodged at Taloja Jail on July 28, 2020, along with other accused in the case. The NIA accused Babu of being a co-conspirator in the Elgar Parishad case, where inflammatory speeches were allegedly delivered on December 31, 2017, which allegedly triggered violence the following day near the Koregaon Bhima war memorial, killing one and injuring several. Additional solicitor-general Anil Singh, appearing for the NIA, raised preliminary objections over the maintainability of the application, citing a delay of more than two years and four months in its filing after the NIA court on February 14, 2022 rejected Babu's bail application. After the Bombay high court dismissed Babu's plea on September 19, 2022, he challenged it in the Supreme Court through a Special Leave to Appeal Petition (SLP) in 2024. However, he decided not to pursue it further and withdrew the SLP on May 3, 2024. Citing 'change of circumstance', he claimed that he would be moving the Bombay high court which had granted bail to five co-accused in the same case. The NIA argued that the Supreme Court has not granted liberty to Babu to file a fresh appeal. 'It is only on the motion of the appellant that the apex court was pleased to permit him to withdraw the SLP, as he had made a statement that there was a change of circumstance and that he would approach the high court for appropriate remedy,' it said. The agency contended that instead of filing the present appeal, Babu ought to have filed a fresh bail application before the trial court as permitted by law. 'The appeal being a statutory remedy, unless and until there is an order passed by the trial court, the present appeal is not maintainable,' it said. Senior advocate Dr Yug Mohit Chaudhry, representing Babu, stated that the objection regarding maintainability of the appeal had been raised for the first time. He further informed the high court that Babu was willing to amend the petition in terms of removing the challenge against the February 2022 order, and base the bail application solely on the ground of delay in conducting trial and not on merits. Focusing on 'the change of circumstance', Chaudhary submitted that after the passing of the 2022 judgment, eight co-accused had been released on bail either by the Supreme Court or by the high court. He, therefore, urged the court to consider Babu's application on the ground of prolonged incarceration without trial. Acknowledging the Supreme Court's order, the division bench of Justices A S Gadkari and Kamal Khata suggested that Babu seek the necessary clarification from the Supreme Court on the question of approaching the appropriate forum to seek bail. The court granted him liberty to file a fresh bail application on the ground of prolonged incarceration without trial before the trial court. The case is scheduled for further hearing on July 7.
