Elgar Parishad case: HC allows ex-DU prof Hany Babu to undergo cataract surgery

Babu had approached the HC seeking directions to the National Investigation Agency (NIA) and the jail authorities to release him on interim medical bail for three months so that he may undergo a cataract operation and get his abdominal and knee pain issues treated as well

Mumbai: In a relief to former Delhi University professor Hany Babu, accused in the Elgar Parishad case, the Bombay high court (HC) on Friday permitted him to undergo a cataract operation of his left eye at a private hospital at his own cost.

Mumbai, India-July 29, 2020: Professor Hany Babu from Delhi University was arrested and produced in NIA court. He was arrested in connection with Bhima Koregaon Elgar Parishad issue. NIA got the custody of Professor Hany Babu till 4th August 2020 in Mumbai, India, on Wednesday, July 29, 2020. (Photo by Bhushan Koyande/ HT Photo) (HT PHOTO)

The court has directed the Taloja jail authorities to take him to Saifee Hospital in Marine Lines, South Mumbai on Saturday and also permitted his family members to meet him.

Babu had approached the HC seeking directions to the National Investigation Agency (NIA) and the jail authorities to release him on interim medical bail for three months so that he may undergo a cataract operation and get his abdominal and knee pain issues treated as well.

The division bench of justice A S Gadkari and justice P D Naik has also sought a report of his other ailments as well after it was informed by advocate Yug Choudhary that Babu had lost vision in his left eye due to the cataract. The bench was told that though he had approached the prison authorities and the special court with regard to his ailments, his requests have not been heeded and hence he approached the HC. The bench was also told that he suffered from excruciating pain in his stomach and knees and hence applied for medical bail.

An earlier application filed by Babu for interim bail had been rejected by the HC in September 2022.

Babu, a professor of English Literature at Delhi University was arrested and lodged at Taloja jail on July 28, 2020, along with other accused in the case. Earlier in May 2021, he had been admitted to the Breach Candy hospital after he had developed an eye infection and was later sent back to Taloja jail in August 2021.

According to his petition, he had slipped into jail in October 2021 after which his knees were hurting and he developed a limp. He had sought to be taken to a hospital, but the prison authorities did not oblige and hence he approached the special NIA court. Though the court had directed the jail authorities to refer him to a government hospital, if necessary, it was not complied with.

Thereafter in February 2022, Babu started suffering from abdominal pain for which he again approached the special court on March 9, 2022. However, jail authorities did not take him to a hospital. Thereafter, another application was filed in the special court seeking directions to be taken to J J hospital to consult a gastroenterologist for the abdominal pain, however, the jail authorities failed to comply with the court orders nor did the jail provide any medical treatment.

The petition then states that in September he started having blurred vision and hence on the order of the special court he was taken to JJ Hospital where he was told that he had a cataract in his left eye and should come for regular visits to ascertain whether he had glaucoma and to fix a date for cataract surgery. However, thereafter there was no follow-up, hence he filed a medical bail application which was rejected by the HC.

In view of his deteriorating eyesight coupled with the abdominal pain and osteoarthritis, the petition has sought his enlargement on medical bail so that he may undergo treatment for the various ailments at his own cost.

After hearing Choudhary, who also sought an extended stay of Babu at the hospital so that he may undergo treatment for other ailments as well, the bench directed his transfer to Saifee Hospital at Marine Lines. When special public prosecutor Sandesh Patil for the NIA opposed the request for an extended stay at Saifee Hospital, the bench sought a medical report from the hospital and said it would hear the application again on January 6.