Bhima Koregaon Case: Supreme Court Clears Path For Hany Babu To Pursue Bail

Today, the Supreme Court permitted Delhi University professor Hany Babu, an accused in the Bhima Koregaon-Elgar Parishad case, to pursue legal remedies for bail. The court clarified that the previous withdrawal of his bail petition does not restrict him from approaching either the trial court or the High Court, or from seeking the revival of his petition before the Supreme Court.

According to Live Law, the Supreme Court bench stated that Professor Babu is free to approach either the local trial court or the Bombay High Court to apply for bail.

Alternatively, he can also request the Supreme Court to revive his original Special Leave Petition (SLP) that he had withdrawn earlier.

This decision provides a new opportunity for the academic, who has been in custody for more than four years.

What led to this point?

Hany Babu was arrested in July 2020 by the National Investigation Agency (NIA) under the stringent Unlawful Activities (Prevention) Act (UAPA). He is accused of having links with Maoist groups and being involved in the alleged conspiracy related to the Elgar Parishad event on December 31, 2017, repoted Live Law

Authorities claim this event led to violence at Bhima Koregaon a day later on January 1, 2018, reported Live Law 

His initial bail application was rejected first by the trial court and later by the Bombay High Court in September 2022. Following this, he appealed to the Supreme Court.

However, in May 2024, Babu withdrew his appeal from the Supreme Court. His lawyers stated that they wanted to apply for bail again at the Bombay High Court, pointing to a "change in circumstances."

This was because several other accused in the same case had been granted bail, often due to the long period of incarceration they had already served.

A procedural hurdle emerged when the High Court noted that the Supreme Court's order allowing the withdrawal did not explicitly state that he was free to approach the High Court again. This prompted Babu's legal team to go back to the Supreme Court for a clear directive.

What did the Supreme Court say?

Live Law reported that while hearing the matter, the Supreme Court provided the necessary clarification. The bench, led by Justice Aniruddha Bose, essentially cleared the path for Babu's legal team to restart the bail process without prejudice from the earlier withdrawal.

The court did not comment on whether Hany Babu should be granted bail or not. It simply confirmed his right to seek bail through the proper legal channels, leaving the decision to the appropriate court that will hear the case on its merits.

For now, this procedural green light offers a renewed hope for the professor in his long legal battle for freedom.