HC questions maintainability of Hany Babu’s fresh bail plea
18/05/2025
Hindustan Times / by Karuna Nidhi
Additional solicitor-general Anil Singh, appearing for the NIA, raised preliminary objections over the maintainability of the application, citing a delay of more than two years and four months in its filing after the NIA court on February 14, 2022 rejected Babu’s bail application
The Bombay high court earlier this month questioned the maintainability of the fresh bail application filed on June 10, 2024, by former Delhi University (DU) professor Hany Babu, an accused in the Bhima Koregaon violence case.
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Bombay High Court Asks Hany Babu To Seek Clarification From SC Regarding Forum To Approach For Seeking Anticipatory Bail
03/05/2025
Live Law / by Narsi Benwal
The Bombay High Court on Friday asked former Delhi University Professor Hany Babu, an accused in the Bhima-Koregaon Elgar Parishad case, to seek clarification from the Supreme Court as to whether he should be approaching the HC or the Special Court for afresh bail.
This comes while the bench of Justices Ajay Gadkari and Kamal Khata commenced hearing Babu’s appeal challenging an order passed by the Special NIA court in February 2022, denying him bail.
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Thread by Live Law / @LiveLawIndia (May 2, 2025):
Bombay High Court has asked former Delhi University Professor Hany Babu, an accused in the Bhima-Koregaon Elgar Parishad case, to seek clarification from the Supreme Court as to whether he should be approaching either the HC or the Special Court for afresh bail.
#BombayHighCourt #HanyBabu
This comes while the bench of Justices Ajay Gadkari & Kamal Khata commenced hearing his appeal challenging an order passed by the Special NIA court in February 2022, denying him bail.
Additional Solicitor General Anil Singh for the NIA raised a preliminary objection stating that if the SC has granted him liberty to seek afresh bail, then he must approach the Special Court and not the HC.
Dr Yug Chaudhary for Hany Babu, however, opposed the objection. He said that he is ready to give up his arguments on merits for the moment and would argue only on the point of delay since his client has been behind the bars for 4 years 9 months now.
“This is a constitutional court and nothing can stop it from hearing my plea for bail on point of delay since my right to life and liberty is being violated,” Chaudhary told the judges.
However, the judges too prima facie, opined that there is no liberty granted by the SC (by its April 3, 2024) order to Hany Babu to file an appeal before the HC. It therefore, asked Babu to seek clarification from the SC and has adjourned the hearing.
Also read:
▪ How Long Is Too Long for an Undertrial Prisoner To Be Detained? (The Wire | by Hany Babu and Surendra Gadling | Oct 2024)
▪ Former Delhi University Professor Hany Babu Moves Bombay HC For Bail In Elgar Parishad-Maoist Links (Free Press Journal / Oct 2024)
▪ Ex-DU prof Hany Babu withdraws bail plea in Supreme Court (Hindustan Times / May 2024)
