The Bombay High Court has directed Hany Babu, a former Delhi University professor and accused in the Bhima Koregaon–Elgar Parishad case, to seek clarification from the Supreme Court on whether he should approach the High Court or the Special NIA Court to file a fresh bail plea. The direction was given by the division bench comprising Justices Ajay Gadkari and Kamal Khata during a hearing on Babu’s appeal challenging a February 2022 order of the Special NIA Court which had denied him bail.
Babu had earlier approached the Bombay High Court against the special court’s order, but the High Court dismissed his appeal on September 19, 2022. He had then moved the Supreme Court, but withdrew that plea on May 3, 2024, citing a change in circumstances. The change, according to Babu, stemmed from the fact that eight other accused in the case were granted bail by both the Supreme Court and the High Court.
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According to Babu’s counsel, the Supreme Court had granted him the liberty to apply for bail afresh before the Bombay High Court. However, Additional Solicitor General Anil Singh, appearing for the National Investigation Agency (NIA), raised a preliminary objection.
“If the Supreme Court has given liberty to file a fresh bail application, then the appropriate forum is the Special Court, not the High Court, Singh argued.
In response, senior advocate Dr. Yug Chaudhary, representing Babu, countered that his client had been in jail for nearly five years and urged the court to consider the matter on the ground of delay alone.
This is a constitutional court and nothing can stop it from hearing my plea for bail on point of delay since my right to life and liberty is being violated, Chaudhary submitted.
However, the bench appeared to agree with the preliminary objection and observed that there was no specific direction in the Supreme Court’s May 3, 2024, order permitting Babu to approach the High Court directly.
"Prima facie, we do not see liberty granted by the Supreme Court to approach the High Court," the bench said. It then advised Babu to approach the Supreme Court for clarification and adjourned the matter.
Babu was arrested by the National Investigation Agency on July 28, 2020, in connection with the Bhima Koregaon–Elgar Parishad case. He remains in custody and is accused of being associated with the Revolutionary Democratic Front (RDF) and the CPI (Maoist).
Authorities claim that Babu was deeply involved with the activities of these organisations and followed the “Secrecy Handbook,” which was allegedly recovered from him. The book includes instructions such as:
“If one comrade is arrested, other comrades must do everything to help… by providing legal representation, publicity, and organising protest.”
The allegations also mention his role in supporting his colleague, Prof. GN Saibaba, who is also an accused in the same case.
The hearing has now been adjourned, pending Babu’s approach to the Supreme Court for clarity on the jurisdictional issue concerning his fresh bail plea.
