Elgar Parishad case: Hany Babu to be shifted back to Navi Mumbai jail, says HC

The directions were passed after Breach Candy Hospital submitted a report stating that his health condition had improved

The Bombay high court (HC) on Tuesday directed that Elgar Parishad accused and Delhi University associate professor Hany Babu be transferred to Taloja Central Jail in Navi Mumbai. The directions were passed after Breach Candy Hospital where Babu had been undergoing treatment for an eye infection for almost three months submitted a report stating that his health condition had improved. Babu will be discharged from the hospital on Wednesday.

Hany Babu will be discharged from the hospital on Wednesday. (HT File)

On May 19, the division bench of justice SS Shinde and justice NJ Jamadar, was hearing the petition filed by Babu’s wife Jenny Roweena – seeking bail for her husband on medical grounds or transfer to a private hospital for treatment. The bench had directed the professor’s transfer to the private hospital for treatment, provided he bore the cost of same.

On July 29, Babu’s counsel had informed HC that his client had largely recovered from the eye ailment, and as the slight swelling in the corner of the eye could be treated with antibiotics, his wife was not seeking any further reliefs. The bench then asked the hospital to submit Babu’s latest health report.

On Tuesday, advocates Yug Mohit Chaudhry and Payoshi Roy, representing Roweena, submitted that though the hospital report stated that Babu was fit to be discharged, he should be taken to the private hospital for regular follow-ups as the swelling in his eye had not subsided entirely.

Chief public prosecutor Aruna Pai for the prison authority submitted that Sir JJ Hospital was well-equipped for the check-ups and hence, there was no need to take Babu to the private hospital. However, the bench said that in the event that the state-run hospital did not have the facilities for the check-up, Babu should be taken to the private hospital.

Pai said that Babu would have to bear the cost every time he is taken to the private hospital. The bench then observed that getting admitted was a different issue but in light of various judgments, consultation was the responsibility of the state.

“We don’t know if you have visited these [government] hospitals; they are good. Only thing is he should get timely treatment. If the systems can be improved more and infrastructure can be given. We can only suggest, ultimately it is up to the state (sic),” remarked the bench.

The bench, while directing that Babu be transferred to Taloja jail after he is discharged from hospital, asked the superintendent of the prison to take the professor to Sir JJ Hospital when the need arose and also directed that he be referred to the private hospital if required, and disposed of the petition.