Elgar Parishad case: HC allows Hany Babu to be shifted to Breach Candy Hospital for treating eye infection

The Bombay high court (HC) has directed the state prison authorities to shift Elgar Parishad accused Hany Babu who is lodged in Taloja jail since his arrest on July 28, 2020, to a private hospital of his choice, provided his family is willing to foot the bill for treating an opthalmology problem due to an infection

The Bombay high court (HC) has directed the state prison authorities to shift Elgar Parishad accused Hany Babu who is lodged in Taloja jail since his arrest on July 28, 2020, to a private hospital of his choice, provided his family is willing to foot the bill for treating an opthalmology problem due to an infection. While Babu was taken to Sir JJ Hospital to examine his eyes, he tested positive for Covid-19, and was hence shifted to GT Hospital.

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However, after GT Hospital said that they were not equipped to treat Babu’s opthalmology problem, he was to be shifted back to Sir JJ Hospital for further treatment. Babu’s family sought permission from the court to transfer him to Breach Candy Hospital on the assurance that they would foot the bill for treating his eye problem, which the court allowed. Babu will be shifted to Breach Candy Hospital on Thursday.

A division bench of justice SJ Kathwalla and justice SP Tavade, while hearing the urgent bail application of Babu on medical grounds, was informed by advocates Yug Choudhary and Payoshi Roy that the Delhi University associate professor had developed a swelling in his left eye on May 3, was having double vision and was in pain. After repeated requests by Babu’s family, the prison authorities took him to Sir JJ Hospital for examining his eye on May 12 where he tested positive for Covid-19.

Choudhary submitted that as Babu was to be shifted to Sir JJ Hospital for treating the eye problem the family wanted him to be moved to a private hospital and hence sought bail for him.

However, the application was opposed by the National Investigation Agency (NIA). Additional solicitor general Anil Singh for NIA submitted that Sir JJ Hospital, KEM and Nair hospital were well equipped to treat the eye problem, hence the application should not be allowed. He further submitted that allowing Babu to be shifted to a private hospital would set a wrong precedent and other prisoners would also seek such facilities.

After hearing the submissions and speaking to Babu over video conferencing wherein he said he was satisfied with the treatment at GT Hospital, the court directed that he be shifted to Breach Candy Hospital. In response to NIA’s objection, the court said, “Let the family get the psychological satisfaction at least that he is treated in a hospital of their choice. There is nothing wrong if this becomes a precedent, more so in these times.”

The court further stated that as Babu’s family had assured of footing the bill at Breach Candy hospital he should be shifted there on Thursday and also allowed Babu to communicate with his family and lawyers and posted a hearing of his application on June 9.