The Supreme Court directed Hany Babu to seek bail through the requisite High Court and Trial Court, clarifying his withdrawn plea doesn’t bar relief, as he remains jailed under UAPA in the Bhima Koregaon case.
The Supreme Court in its hearing on 16th July and its bench of Justice Pankaj Mithal and Justice PB Varale directed former DU professor Mr. Hany Babu to approach either Bombay High Court or Trial Court or renew the withdrawn Special Leave Petition to receive bail in the Shaniwarwada Elgar Parishad case under the Unlawful Activities (Prevention) Act (UAPA).
The bench led by Justice Aniruddha Bose further clarified that his withdrawal of the Special Leave Petition last year did not prevent the High Court from hearing his bail plea. This is amidst the Bombay High Court observation on May 2nd, where Babu was asked to seek a clarification with the top court on the same.
Professor Hany Babu was arrested on 28th July 2020 and still remains an under trial for his alleged affiliation with the outlawed Communist Party of India (Maoist) and involvement in ‘inciting violence,’ which was the aftermath of the Elgar Parishad—an event organised by activists for the rights of the marginalised communities and celebration of the 200th anniversary of the Battle of Bhima Koregaon, which is considered a pioneer event for the Dalit Community.
On comments regarding the situation, Dr. Jenny Rowena P, Assistant Professor at Miranda House and partner of Hany Babu stated that,
It is tragic that we are living in a country where a professor in a university, that too from a marginalised background (OBC Muslim), can be put away in prison for 5 long years without even the beginning of a trial through the use of corrupt laws like UAPA. I feel like laughing when people deliberate on the legality of this case when the very existence of UAPA should be declared illegal.”
Hany Babu is a part of BK-16, a term given to a group of 16 lawyers, professors, scholars, etc., who were imprisoned without trial under the various offences of the UAPA act in relation to the Bhima Koregaon-Elgar Parishad case. The series of arrests had taken place since 2018.
The Bombay High Court has so far granted bail to Rona Wilson and activists Sudhir Dhawale and Sudha Bharadwaj, while the Supreme Court has granted bail to P. Varavara Rao on medical grounds and Shoma Sen, Vernon Gonsalves, and Arun Ferreira on merit.
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Image Credits- Maktoob Media
Divyanshi Dusad
