The Supreme Court on Wednesday declined to clarify its earlier order regarding former Delhi University professor Hany Babu’s bail plea in the Elgar Parishad-Maoist links case and directed him to approach either the Bombay High Court or the special trial court for relief.
A bench of Justices Pankaj Mithal and P B Varale dismissed Babu’s application seeking a clarification that his withdrawal of an earlier appeal in May 2023 would not prevent the high court from entertaining a fresh bail plea.
Babu had withdrawn his Special Leave Petition (SLP) from the Supreme Court last year with the intention of seeking bail from the Bombay High Court. However, when he did so, the High Court expressed uncertainty over whether the top court’s earlier order allowed such liberty, prompting Babu to return to the apex court for clarification.
On Wednesday, Babu’s counsel submitted that the academician had already spent five years as an undertrial and was merely seeking an opportunity to have his bail application considered afresh. It was also pointed out that at least five co-accused in the same case had been granted bail.
The National Investigation Agency (NIA), opposing the plea, argued that the application was not maintainable, stating that fresh bail pleas under the Unlawful Activities (Prevention) Act (UAPA) should be filed before the designated NIA court, and not the high court. “The High Court is a court of appeal,” the NIA’s counsel said.
The Supreme Court, while refusing to issue any direction to the high court, clarified that Babu was free to either approach the trial court with a fresh bail plea or move an application to revive his earlier appeal that was withdrawn.
“Your primary ground is that some other accused have been granted bail — that can also be considered by the trial court,” the bench observed.
The Bombay High Court had earlier rejected Babu’s bail plea on September 19, 2022. He is currently lodged in Taloja Central Jail since his arrest in July 2020.
The NIA has accused Babu of being part of a Maoist conspiracy to propagate the ideology of the banned CPI (Maoist) outfit. According to the agency, he was working under the guidance of senior Maoist leaders to destabilize the Indian government.
The case stems from the Elgar Parishad event held in Pune on December 31, 2017, which allegedly led to violence at Koregaon Bhima the next day, resulting in one death and several injuries. The probe, initially conducted by the Pune Police, was later transferred to the NIA and has ensnared several academics and activists under stringent anti-terror provisions.
Babu has challenged the NIA’s assertions, claiming there is no prima facie evidence against him and that the special court erred in rejecting his bail earlier this year. He is now expected to re-approach the appropriate court for relief following the Supreme Court’s direction.
