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Why Hany Babu Writes From Prison
Why Hany Babu Writes From Prison

The Wire

time17 hours ago

  • Politics
  • The Wire

Why Hany Babu Writes From Prison

July 28, 2025 marks the fifth year of Babu's arrest. In the past five years, he has written several times to his wife, daughter and other family members. Hany Babu. In the background are excerpts from his letters. Photos: By arrangement. The best way to harm an academic is to simply lock them out of their computer and deny them access to their years of research. This is exactly what had happened to Hany Babu M.T, a professor at the Delhi University, when the Pune police had first raided his house on September 10, 2019. Ten months later, on July 28, 2020, Babu was arrested, as one of the 16 persons implicated in the Elgar Parishad case. July 28, 2025 marks the fifth year of Babu's arrest. In the past five years, he must have exchanged hundreds of letters with his wife, daughter and other family members. Babu's wife Jenny Rowena, also a professor at DU, and daughter Farzana are both Delhi-based, and letters have been their primary mode of staying in touch, alongside bimonthly court visits and phone calls. Babu, who is lodged in Taloja Central jail, and is awaiting release on bail, reflects on some concerns in the letters he has exchanged with his family. Earlier this month, the Supreme Court allowed Babu to approach either the trial or the high court for bail. 'My academic writings and research were almost wiped clean when the Pune police came and took away my electronic devices,' he narrates in one such letter written to his family. The police took the passwords of all his emails, cloud (virtual storage) accounts, and shut him out from all his accounts, making all the data and research works inaccessible to him. 'I remember how difficult it was even to teach without access to all the notes and materials I had prepared,' Babu recalls the pre- arrest days in one of his letters to his family. The time between the raid and the arrest, he writes, were only spent in the apprehension of incarceration and it took him a long long time before he could get back to academic activities. At Taloja, like most of his co-defendants in the Elgar Parishad case, Babu too has immersed himself in reading and writing. One of his articles on pre-trial detention, co-authored along with his co-defendant Surendra Gadling, was recently cited in one of the Bombay high court's orders. 'Quarantine' Babu's arrest was in the thick of the COVID-19 pandemic. By then, the case had already been transferred to the National Investigations Agency (NIA). As soon as he was sent to jail, he was shunned in a solitary cell as a way to 'quarantine' a new prisoner before moving into a regular barrack. For the first few days, he wrote that he had no access to books, pen and papers. And days later, when pen and paper were made available to him, he said his happiness knew no bounds. 'Writing, in a place like prison, is the only outlet you have at times,' he shares in one of his letters. For the first few days, his writings were all about his new experiences as an incarcerated person, the memories and, 'of course the letters', he says. During the pandemic, courts were the first ones to shut down and move to virtual mode. This also meant that the incarcerated persons were no longer being ferried to courts for regular hearings. Outside of the laborious jail visits, families would only meet their loved ones in court. The environment there would also be relatively relaxed. But the outbreak of the coronavirus changed this in 2020. 'In those days, letters sent weekly were the only way of communication. And the replies to those letters would reach only after a month,' he writes. 'When you interact with an average prisoner...' Although a teaching faculty in the English department of the Delhi University, Babu's interest in social justice has been evident through his writings. He spent a large part of his academic years studying the many ways in which the academic spaces kept Bahujan students away. In one of his letters, Babu recalls how he always had interest in law and human rights. And when he began his work for the defence committee set up for the release of his colleague G.N. Saibaba, his knowledge moved from the realm of books to the real. Babu was a part of the core team that was formed after Saibaba, a 90% disabled and wheelchair-bound academic, was arrested in 2014 under the Unlawful Activities Prevention Act (UAPA). In March 2024, Saibaba was finally released from jail but within months, he died of the many complications he had developed due to prolonged incarceration. Reflecting on his journey, first as a rights activist and now as an incarcerated person himself, Babu says that as a part of the defence committee, all his knowledge was 'bookish'. 'Of course, that knowledge helped, but prison experiences have given me lessons for a lifetime. Reading about looking at prisoners without being prejudiced by the crime that they are said to have committed is one thing, but when you interact with an average prisoner you understand how important it is to be able to look at people without being affected by their alleged crime,' he says in one of his letters. Also read: How Long Is Too Long for an Undertrial Prisoner To Be Detained? Prions, he says, have taught him to look at issues of law more from the perspective of those who are caught in its crosshairs. 'I have witnessed so many people getting acquitted after a long period of incarceration, sometimes after close to a decade or sometimes even more,' he writes. 'Hapless prisoners spending months or even years in prison even after being granted bail as they are unable to meet the bail conditions.' Equality before law and political prisoners He draws attention to the differential treatment meted to those belonging to the privileged class. Without naming, he refers to the 2020 case of TV anchor and editor Arnab Goswami's and how the prison staff had worked 'overtime' to ensure he was released the very same day as the Supreme Court's order. 'Sadly, such laws don't apply to everyone,' he writes in his letter. In one of his writings, he delves deeper into his understanding of the term political prisoners, which has come to be associated, especially in the mainstream discourse, with those arrested for their left leaning politics. 'Sometimes, I feel all prisoners are political prisoners at some level. If you think of it, it is the society that labels certain acts as 'crime',' he writes. He adds that, 'many of the so-called crimes are, in a sense, statements against the inequalities, oppression and discrimination in the society.' He talks of how often it is the 'powerless' who end up being on the 'wrong side of the law'. 'When you heard the stories of the police or even some lawyers behaving towards the prisoners, you would feel they are the bigger criminals, but they just happen to be on the side of the power,' in one of his letters, Babu writes. He refers to American Marxist and feminist political activist Angela Davis's powerful correlation between black slavery and incarceration. 'According to Angela Davis', he writes, 'as long as slavery was in place, prisons in America hardly had black persons. I think the same would have been true of the Dalits in India, if untouchability were still practiced.' He further writes that as long as our society practices discrimination and marginalisation on the basis of caste and religion, 'we will have our prisons filled with Dalits, Adivasis, Backward Classes and Muslims'. Prisons Prisons, he writes in one of his communications to the family, 'doesn't treat the inmates as humans or individuals, let alone as being capable of reading or writing'. Even a simple act of accessing the prison library, he writes, is viewed as a 'security threat' and therefore, unnecessary. Accessing reading material has been a struggle, he shares. 'But thanks to the collective effort of my co-defendants over the years, the prison administration has become more accommodative when it comes to books and reading materials, especially towards us,' he says. But for an average prisoner, the struggle still continues, according to him. Over the years, the government has started calling prisons a 'correctional facility'. 'But hardly anything is being done to achieve those aims,' he writes. The several educational courses run inside prison are 'farcical', he writes, citing examples of the digital photography course that he enrolled himself for. 'The instructor kept assuring us that we will be given the certificate and needn't worry about anything else.' Teaching English to other incarcerated persons, Babu writes, has been 'more of a learning experience for me about my inadequacy as an adult educator'. As an academic and a rights activist, Babu continues to write while in jail, but he also says that it comes from a place of complete awareness that 'one will be allowed to voice one's views only insofar as it is not too critical of the state.' 'But then, I don't know how much of that is not true of the 'free' world outside prison,' he thinks aloud. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.

SC allows Hany Babu to seek Bail in Bhima Koregaon case
SC allows Hany Babu to seek Bail in Bhima Koregaon case

United News of India

time16-07-2025

  • 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.'

Elgar case: SC asks ex-DU prof Hany Babu to move HC or trial court for bail
Elgar case: SC asks ex-DU prof Hany Babu to move HC or trial court for bail

Time of India

time16-07-2025

  • 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.

HC questions maintainability of Hany Babu's fresh bail plea
HC questions maintainability of Hany Babu's fresh bail plea

Hindustan Times

time18-05-2025

  • 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.

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