Elgar Case: SC Directs Ex-DU Prof Hany Babu To Move HC Or Trial Court For Bail

The Supreme Court on Wednesday directed Hany Babu, a former Delhi University professor and accused in the Elgar Parishad-Maoist links case, to seek bail before either the Bombay High Court or the special trial court.

A bench comprising Justices Pankaj Mithal and P B Varale dismissed Babu’s plea seeking clarification on whether the withdrawal of his earlier bail appeal in the Supreme Court would bar the High Court from considering a fresh one.

Background

Babu had withdrawn his special leave petition from the apex court on May 3, 2023, intending to approach the Bombay High Court for bail instead. However, when he did so, the High Court questioned its jurisdiction, stating the Supreme Court’s earlier order did not expressly grant him liberty to re-approach it. The High Court then advised Babu to seek clarification from the top court.

Appearing before the Supreme Court, Babu’s counsel emphasized that he had already spent five years as an undertrial and had only withdrawn the earlier plea to pursue regular bail before the High Court, where five of his co-accused had already been granted bail.

NIA’s Objection

The National Investigation Agency (NIA) opposed Babu’s plea, calling it “not maintainable.” Its counsel argued that the High Court was a court of appeal and that Babu’s fresh application ought to be filed before the special NIA court. Given that the case falls under the Unlawful Activities (Prevention) Act (UAPA), the agency asserted that the appropriate forum was the trial court.

Supreme Court’s Remarks & Decision

The bench noted that Babu’s main argument rested on parity, given that some co-accused had secured bail. It remarked, “Your primary ground is, some other accused has been granted bail — that can also be considered by the trial court.”

The Court clarified that it could not direct the High Court to hear his bail plea and suggested that Babu could move either the trial court or seek revival of the appeal he had earlier withdrawn. The bench also granted Babu liberty to pursue that option.

Babu’s previous bail application had been rejected by the Bombay High Court in September 2022.

Case Overview

Hany Babu was arrested in July 2020 and is currently lodged in Taloja Central Jail, Navi Mumbai. The NIA accuses him of being a co-conspirator involved in spreading Maoist ideology at the behest of leaders of the banned CPI (Maoist) outfit.

The case stems from the Elgar Parishad event held in Pune on December 31, 2017, which police claim sparked caste-based violence near the Koregaon Bhima war memorial the following day. The incident led to the death of one person and injuries to several others. Initially investigated by Pune Police, the case was later transferred to the NIA.

In his latest petition, Babu has argued that the special NIA court erred in holding that there was prima facie incriminating evidence against him.

The NIA has continued to oppose his bail, alleging his active role in furthering Naxal ideology and attempting to destabilize the government.

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