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Elgar Parishad case: Bombay HC dismisses Hany Babu’s bail plea
Babu sought bail claiming there was no evidence against him that he was involved in anti-national activities and responsible for getting and making explosives
The Bombay high court on Monday dismissed the bail plea of Delhi University professor Hany Babu, who is among the activists, lawyers, and authors facing terrorism and conspiracy charges for allegedly fomenting violence in Maharashtra’s Bhima Koregaon in 2018.
Babu sought bail claiming there was no evidence against him that he was involved in anti-national activities and responsible for getting and making explosives.
The National Investigation Agency (NIA) argued the nature of the accusations against Babu was serious while opposing his plea.
A division bench of justices Nitin Jamdar and Nitin Borkar that heard Babu’s plea against a special NIA court’s rejection of his bail in February concluded the hearing on August 29 and reserved its order.
In its order, the special court observed prima facie that there was evidence of his “active involvement” in the promoting Maoist agenda.
In his appeal, Babu said the investigating agency was unable to get any incriminating material against him and he was wrongly booked under the Unlawful Activities Prevention Act (UAPA). He argued the acts attributed to him did not fall under the purview of the UAPA as no lives were lost. Babu said UAPA is invoked only when there is a loss of lives. He added the only crime he was booked for was covered under the Indian Penal Code.
Babu’s lawyers submitted the letters allegedly recovered from the devices of their client and other co-accused cannot be used to prove his complicity in any of the crimes NIA has accused him of.
Additional solicitor general Anil Singh, who appeared for the NIA, opposed the appeal saying Babu was a senior member of the banned Maoist organisation and played the role of coordinator.
The people arrested in the case are accused of delivering inflammatory speeches during an event called Elgar Parishad in Pune on December 31, 2017.
