On Monday, 23 June 2025, the Supreme Court flatly refused to give urgent listing to an application filed by former Delhi University professor Hany Babu, an accused in the Bhima Koregaon case, who had sought clarification that he can move the High Court for bail.
The matter was mentioned before a vacation bench of Justices KV Vishwanathan and Justices NK Singh. However, the Court refused to list the petition during the vacation period and directed that it be taken up after the Court reopens.
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Justice KV Vishwanathan made the remark while refusing an urgent hearing. “We were fully open till May 23. The order was passed on May 2. You had to show some promptness and file on time”
The lawyer representing former professor Hany Babu said that several co-accused in the Bhima Koregaon case have been granted bail by the Supreme Court either on merits or due to long detention. He further argued that Hany Babu had withdrawn his bail plea from the Supreme Court with the intention of approaching the Bombay High Court.
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However, on May 2, the Bombay High Court said that Hany Babu would require clarification from the Supreme Court to confirm his liberty to apply for bail before the High Court. In view of this, Hany Babu’s lawyer has now filed the present application in the Supreme Court, seeking such clarification and requesting that it be heard urgently.
Questioning the delay, Justice Vishwanathan said that the High Court order was passed on May 2 and the court remained fully functional till May 23. The judge expressed that the petitioner did not show any urgency during regular working days, and it was not proper to seek urgent listing during the vacation period.
The petitioner's counsel responded that it took time to obtain certified copies of the High Court order. To this, Justice Vishwanathan remarked:
“As a lawyer, I have filed cases even without certified copies in cases of extreme urgency and the Courts have allowed it.”
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Hany Babu, who was arrested by the National Investigation Agency (NIA) in July 2020 under the Unlawful Activities (Prevention) Act (UAPA) for alleged Maoist links, was earlier denied bail by the Bombay High Court in September 2022.
In May 2024, Hany Babu withdrew his special leave petition from the Supreme Court, stating that he would approach the High Court due to changed circumstances. However, the High Court later pointed out that the Supreme Court's withdrawal order did not specifically mention the liberty to file a fresh petition. Therefore, the High Court required clarification from the Supreme Court.
