Written by Sudhir Suryawanshi for The New Indian Express
Former Delhi University associate professor Hany Babu, an accused in the high-profile Elgar Parishad case, was granted bail on Thursday by the Bombay High Court on grounds of prolonged incarceration of over five years without trial.
The National Investigation Agency (NIA) sought a stay on the bail order, but a division bench of Justices A.S. Gadkari and Ranjitsinha Bhosale refused the request, citing the length of time Babu had already spent behind bars and also that the trial was "not likely to complete soon."
The allegations against Babu include being a member of the banned Communist Party of India (Maoist) and allegedly participating in a conspiracy to attack Prime Minister Narendra Modi. He was also accused of being part of a committee supporting Professor G.N. Saibaba, who was sentenced to life imprisonment for alleged Maoist links.
Babu’s lawyer, Yug Mohit Chaudhary, argued that charges are yet to be framed and that their discharge application remains pending before the trial court.
He pointed to an “inordinate delay” in the proceedings and cited the High Court’s January order directing the special NIA court to expedite the trial and complete the framing of charges within nine months—directions issued while granting bail to activists Rona Wilson and Sudhir Dhawale.
In February 2022, a Maharashtra trial court rejected Babu’s bail plea, a decision upheld by the Bombay High Court in September the same year.
Babu then approached the Supreme Court, which sought the NIA’s response in January this year on his regular bail plea. However, he withdrew the petition in May, citing changed circumstances, and subsequently moved a fresh bail application before the High Court.
Additional Solicitor General Anil Singh opposed the bail plea, arguing that Babu has been charged under the Unlawful Activities (Prevention) Act (UAPA) for alleged involvement in terrorist activities. He said the NIA had already filed its reply to the discharge application, but the special court decided to hear the discharge pleas of all accused together, contributing to delays.
Singh also noted that Babu’s custody period was shorter than that of co-accused Rona Wilson and Sudhir Dhawale.