Hany Babu – Page 5 – free them all

Bombay High Court Refuses Bail To DU Professor Hany Babu [read judgment]

19/09/2022 Asha

Bombay HC rejects Hany Babu’s bail plea: ‘Prime facie conspired and abetted terrorist act’

20/09/2022

The Indian Express / Omkar Gokhale

Babu was arrested by the NIA in 2020 for being “actively involved” with banned CPI (Maoist) and booked under charges, including criminal conspiracy and under the Unlawful Activities (Prevention) Act.
The Bombay High Court Monday turned down an appeal filed by Elgaar Parishad case accused and former Delhi University associate professor Hany Babu, challenging the rejection of his bail plea by a special NIA court. The court had concluded the hearing on Babu’s plea on August 29 before reserving its verdict.
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Bombay High Court Refuses Bail To DU Professor Hany Babu In Elgar Parishad Case [read judgment]

19/09/2022

Live Law / by Sharmeen Hakim

Delhi University Professor Hany Babu mobilising rallies and co-ordinating the defence of convicted professor GN Saibaba was not just helping a fellow academic, but prima facie following a leftist handbook, the Bombay High Court said in its order refusing him bail.
Prof Babu was arrested by the National Investigating Agency on July 28, 2020 in the Bhima Koregaon – Elgar Parishad larger conspiracy case.
he court relied on a “Secrecy Handbook” allegedly recovered from Babu on setting up a secret network and avoiding surveillance, which explicitly states that “if one comrade is arrested, other comrades must do everything to help…by providing legal representation, publicity and organising protest.”
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Bombay HC refuses bail to DU professor Hany Babu

19/09/2022

Bar & Bench / by Neha Joshi

A bench of Justices Nitin Jamdar and NR Borkar rendered the verdict today in an appeal filed by Babu challenging an order of the Special National Investigation Agency (NIA) Court rejecting his bail application.
The Bombay High Court on Monday rejected the regular bail application filed by Delhi University professor Hany Babu, one of the accused in the Bhima Koregaon riots case of 2018.
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Bombay HC Denies Bail to Hany Babu in Elgar Parishad Case, Upholds Trial Court Verdict

19/09/2022

The Wire / by The Wire Staff

The National Investigation Agency has accused Babu of being a “co-conspirator” in propagating Maoist activities and ideology on the instructions of leaders of the banned CPI (Maoist).
Bombay high court on Monday, September 19, rejected the bail plea filed by Delhi University’s associate professor Hany Babu, who is an accused in the Elgar Parishad-Maoist links case.
A division bench of Justices N. M. Jamdar and N.R. Borkar upheld the earlier ruling of a special National Investigation Agency (NIA) court, which had denied him bail.
Read more

Also read:
● Profile of Hanybabu Musaliyarveetil Tharayil – Associate Professor of linguistics at Delhi University, anti-caste scholar and social activist arrested in the Bhima Koregaon case. (By Prisoners of Sconscience India)
● The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)

BK16 Relatives Flag Prison Authorities’ ‘Criminal Negligence’ of Undertrials / Custodial Violence, Judicial Negligence & State Apathy

11/09/2022 Asha

NewsClick / by Relatives and Representatives of the BK16; NewsClick

The relatives and representatives of the accused persons in the Bhima Koregaon case have released a statement drawing attention to the deteriorating health of several undertrials – including Vernon Gonsalves – and the brazen negligence of the prison authorities...

Statement:
In yet another act of criminal negligence, the prison authorities of Taloja Central Jail, Maharashtra, have delayed medical treatment for Vernon Gonsalves, a prominent activist and one of the accused in the Bhima Koregaon – Elgar Parishad case.
Gonsalves, who is 65 years old, fell ill with fever on August 30th, and even though his condition was steadily deteriorating, he was treated with just paracetamol and antibiotics in jail, for almost a week. After much pleading, he was taken to JJ hospital on September 7 and was given oxygen support. However, instead of continuing his treatment, he was callously brought back to jail where his condition continued to worsen. It is only after his lawyer and wife, Susan Abraham, approached the court and obtained an order, that the prison authorities finally admitted him to the emergency ward of JJ hospital, where he is still under treatment.
Read full statement

Video: Custodial Violence, Judicial Negligence and State Apathy

12/09/2022

en │ 52min │2022

By The Polis Project

On 5 October 2020, Atikur Rahman, journalist Siddique Kappan, student Masood Ahmad, and taxi driver Mohammad Alam were arrested in Mathura, in Uttar Pradesh in, India They were on their way to meet the family of a Dalit woman who was raped and murdered by a group of men from the dominant caste in Hathras…
The denial of medical treatment and bail must be seen as a part of a larger pattern of abuse of power directed toward dissenters and political prisoners in India. On 5 July 2021, 84-year-old Jesuit priest and human rights defender Father Stan Swamy died in judicial custody at the Holy Family Hospital in Mumbai, India.
Watch video

► Also read/listen: Bhima Koregaon, COVID-19 And Custodial Apathy In Jails / Audio + Press Release (May 2021)

Vernon Gonsalves Is Latest Victim of Prison Staff’s Medical Neglect

08/09/2022 Asha

NIA court demands explanation from Taloja authorities on delay of treatment

09/09/2022

Hindustan Times / by Charul Shah

Only on September 5 Gonsalves was shifted to prison hospital as his condition had worsened.
The special NIA court on Thursday directed the superintendent of the Taloja Jail to provide proper medical treatment to Vernon Gonsalves, an accused in the Elgar Parishad case, who has been diagnosed with dengue.
It has also reprimanded the prison authority for failing to respond to Gonsalves’s plea for medical treatment till Thursday.
Read more

Vernon Gonsalves Is Latest Victim of Prison Staff’s Medical Neglect

08/09/2022

The Wire / by Sukanya Shantha

JJ Hospital has confirmed that Gonsalves has been suffering from dengue for close to two weeks and that he could have developed pneumonia too.
Over 10 days ago, Vernon Gonsalves, a Mumbai-based human rights activist and one of the 16 persons arrested in the Elgar Parishad case, had a high-grade fever. He fainted several times in jail and at one point couldn’t move. The Taloja central prison staff, however, only administered him paracetamol and refused to refer him to a hospital.
Read more

Vernon Gonsalves on oxygen support after contracting dengue in prison

08/09/2022

Scroll.in / by Scroll Staff

His wife, lawyer Susan Abraham, told Scroll.in that the 65-year-old undertrial should have been admitted to hospital ‘long back’.
Activist Vernon Gonsalves, who is among those accused in the Elgar Parishad case, is on oxygen support in Mumbai’s JJ Hospital after contracting dengue in prison, his wife, lawyer Susan Abraham, told Scroll.in on Thursday.
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Pandu Narote’s Death: A Reminder of Stan Swamy’s Demise, GN Saibaba’s Struggles

08/09/2022

The Quint / by Mekhala Saran

When Pandu Narote died on 25 August, once again questions arose regarding the treatment of ailing inmates.
In February 2020, granting bail to Bhima Koregaon accused Varavara Rao, on medical grounds, the Bombay High Court had noted that “sending him back to prison is fraught with risk.”
… In May, 2021, while the second wave of COVID-19 wreaked devastation across the country, the family and friends of the accused in the Bhima Koregaon case, who have been lodged in Mumbai’s Taloja and Byculla jail, held a press conference drawing attention to the purportedly dangerous living conditions there. These included overcrowding, the lack of medical care, paucity of clean water, and flimsy access to basic human rights.
Read more

► Also read/listen: Bhima Koregaon, COVID-19 And Custodial Apathy In Jails / Audio + Press Release (May 2021)
► Also read: Crowded Jails & COVID: 16 Bhima Koregaon Accused’s Kin Share Fears (The Quint / May 2021)

Jyoti Jagtap moves Bombay HC challenging special court’s bail rejection order

31/08/2022 Asha

NIA opposes bail plea of Elgar Parishad accused Jyoti Jagtap, says she received arms training

31/08/2022

India Today / by Vidya

The National Investigation Agency (NIA) on Tuesday opposed the bail plea of Jyoti Jagtap who is an accused in the Elgar Parishad case.
The National Investigation Agency (NIA) on Tuesday opposed the bail plea of Kabir Kala Manch (KKM) member Jyoti Jagtap, who is accused in the 2018 Elgar Parishad case. Jagtap was arrested on September 8, 2020 and a charge sheet was filed against her on October 9, 2020.
… A division bench of the High Court will hear the plea on September 13.
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Jyoti Jagtap moves Bombay HC challenging special court’s bail rejection order

30/08/2022

The Indian Express / by Express News Service

In the plea filed through advocate Kritika Agarwal, Jagtap said she is innocent and has been falsely implicated in the case. Jagtap said the special court erred in concluding that a prima facie case existed against her.
An accused in the Elgaar Parishad case, Jyoti Jagtap, recently approached the Bombay High Court challenging an order of a special court that denied her regular bail. A division bench of Justice Ajay S Gadkari and Justice Milind N Jadhav Tuesday posted hearing after two weeks.
Read more

Also read:
● Special NIA Court Refuses Bail To DU Associate Prof Hany Babu And Three Kabir Kala Manch Members (Live Law / Feb 2022)

Bombay HC Reserves Judgment In Bail Appeal Of Hany Babu / Evidence & charge as Harry Potter and international war

29/08/2022 Asha

Evidence & charge similarly connected as Harry Potter and international war: Elgar Parishad accused tells court

30/08/2022

India Today / by Vidya

● The Bombay High Court was hearing Hany Babu’s bail plea in Elgar Parishad case
● Hany Babu was arrested on charges of being an active member of CPI(Maoist)
● The court has reserved its order on the bail plea
Seeking bail in connection with the Elgar Parishad case, accused Hany Babu’s counsel told the Bombay High Court that the relationship between the evidence and charges framed by the National Investigation Agency (NIA) is the same as “Harry Potter and international war”.
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Bombay HC reserves verdict on Hany Babu’s bail petition

29/08/2022

The Indian Express / by Express News Service

As the NIA claimed the DU associate professor was involved in ‘terrorist acts’, his counsel denied the charge and said he had already been in jail for over two years.
The Bombay High Court on Monday reserved its verdict on an appeal filed by Elgaar Parishad accused Hany Babu, a Delhi University associate professor, challenging the rejection of his bail plea by a special NIA court.
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HC concludes hearing of Hany Babu’s bail plea

29/98/2022

Hindustan Times / by K A Y Dodhiya

The Bombay high court on Monday concluded the hearing of a default bail application filed by Hany Babu, an accused in the Elgar Parishad case, and reserved its order.
Babu’s counsel claimed that the allegations against him of carrying out anti-national activities were baseless and did not come under the Unlawful Activities (Prevention) Act (UAPA) as no lives were lost. The only crime that Babu was booked for was covered under the Indian Penal Code, he added.
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Thread by Live Law (Aug 29):
#BombayHighCourt is hearing DU professor Hany Babu’s bail application, who is charged under the UAPA in the BhimaKoregaon – Elgar Parishad Case. ASG Anil Singh’s arguments for NIA continue.
+++ ASG – Hany Babu is not only an active member of CPI (Maoist), he actively participated in the activities. The activities of the accused amount to a terrorist act. ASG is reading out definition of terrorist act. ++
…
+++ Chaudhry – For an offence with life imprisonment, committing or advocating violence is required. This is not even alleged. The membership of CPI (Maoist) can at best show intention. But where is the proscribed act? ++
+++ Chaudhry – UAPA requires and act and an outcome. There’s is not a shred of evidence of any terrorist act being performed. The relationship between the acts of the accused and terrorist act is the same as Harry Potter and international warfare.++
…
Read full thread

Bombay High Court Reserves Judgment In Bail Appeal Of Bhima Koregoan Case Accused Hany Babu

29/98/2022

Lawbeat.in / by Raj Bhojani & Sanya Talwar

The bench of Justice Nitin Jamdar and N.R Borkar of Bombay High Court on Monday reserved its judgment on bail appeal filed by Hany Babu in the Bhima Koregoan Case.
The Special NIA court on February 15 rejected the bail plea of Babu and four others. Special NIA Judge DE Kothalikar rejected the bail applications of Hany Babu and Kabir Kala Manch members Sagar Gorkhe, Jyoti Jagtap and Ramesh Gaichor, holding that there is prima facie evidence to show he “was actively involved in the activities of the banned organisation CPI(Maoist) and furthering its ideology”.
Read more

Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists – New details connect police in India to a plot to plant evidence on victims’ computers that led to their arrest. (Wired / June 2022)
● Special NIA Court Refuses Bail To DU Associate Prof Hany Babu And Three Kabir Kala Manch Members (Live Law / Feb 2022)

NIA opposes Hany Babu’s bail plea in Elgar Parishad case

25/08/2022 Asha

NIA opposes Hany Babu’s bail plea, claims he collected info to make bombs

26/08/2022

Hindustan Times / by K A Y Dodhiya

The National Investigation Agency (NIA) on Friday opposed the default bail application of Hany Babu, an accused in the Elgar Parishad case, and told the Bombay high court that he had not only gathered information to make bombs but also garnered international support for the banned Communist Party of India (Maoist)…
After Choudhary submitted that he wanted to respond to the submissions of the NIA, the bench adjourned the hearing to Monday.
Read more

Thread by Live Law (Aug 26):
++ #BombayHighCourt is hearing DU professor Hany Babu’s bail application, who is charged under the UAPA in the BhimaKoregaon – Elgar Parishad Case. +++
++ ASG Anil Singh’s arguments for NIA continue. +++
++ Hearing before a bench of Justice Nitin Jamdar and NR Borkar. +++
…
++ ASG’s submissions to continue on 29th August at 2:30 PM. +++
Read full thread

Professor Hany Babu must be tried under anti-terror laws: NIA in Elgar Parishad case

26/08/2022

India Today / by Vidya

While opposing the bail plea of Elgar Parishad accused, NIA pointed to various incriminating documents.
NIA said that a document on Babu’s laptop was allegedly a study conducted by the Indian Army, Airforce and Navy.
In the Elgar Parishad case, Additional Solicitor General Anil Singh, on behalf of the NIA (National Investigating Agency), told the Bombay High Court that the ‘nature of the allegation’ and the case that was made, directly fell under the category of the anti-terrorist act.
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Wanted to set up ‘Janta Sarkar’: NIA opposes Hany Babu’s bail plea

26/08/2022

The Indian Express / by Express News Service

A division bench of Justice N M Jamdar and Justice N R Borkar was hearing Babu’s appeal seeking bail filed after a special NIA court rejected his plea in February this year.
Claiming that Elgaar Parishad accused Hany Babu was involved in a conspiracy to set up ‘Janta Sarkar’ (people’s government) by overthrowing the elected government through armed struggle, the National Investigation Agency (NIA) on Thursday opposed the bail plea of the former Delhi University associate professor.
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NIA opposes Hany Babu’s bail plea in Elgar Parishad case

25/08/2022

Free Press Journal / by Staff Reporter

A division bench of Justices Nitin Jamdar and NR Borkar was hearing Babu’s bail application.
The National Investigation Agency (NIA) on Thursday opposed the bail plea filed by Hany Babu, an accused in the Elgar Parishad case.
… The HC will continue to hear the bail plea on Friday.
Read more

Thread by Live Law (Aug 25):
#BombayHighCourt is hearing DU associate Prof #HanyBabu’s bail application in the #BhimaKoregaon – Elgar Parishad Case.
…
Hearing to continue tomorrow 3.30pm.
Read full thread

Thread by Bar & Bench (Aug 25)
Bombay High Court bench of Justices Nitin Jamdar and Nitin Raut is hearing a bail application filed by Hany Babu, arrested in the Bhima-Koregaon violence case.

Additional Solicitor General Anil Singh appears for NIA. Singh: It is my case that the accused is a member of banned CPI (Maoist). Material found from his laptop shows that he was in continuous contact with other accused.
Read full thread

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

19/08/2022 Asha

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

19/08/2022

The Wire / by pti

With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.
With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.
In the case that is being probed by the National Investigation Agency (NIA), of the total 16 arrested accused, Jesuit priest Stan Swamy died at a private hospital here last year during judicial custody, while Telugu poet Varavara Rao is currently out on medical bail. Only one accused – Sudha Bharadwaj – is out on regular bail.
Read more

Also read:
● Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)
● As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)

Sipper and straw, to mosquito nets and phone calls: Elgar accused in court for relief

13/07/2022 Asha

The Indian Express / by Sadaf Modak

Varavara Rao is currently on bail on medical grounds, and had challenged in the Supreme Court the High Court order rejecting his appeal.
… Incidentally, the High Court had also noted the claims made by Rao’s counsel on the lack of medical facilities at the Taloja prison and the poor hygienic conditions there, saying there was substance in the argument.
In the trial in the case, the Elgar Parishad accused have repeatedly brought up the lack of facilities in prison, and denial of access to the same.
Read more

‘You are immortalised in our hearts’: A cellmate’s letter to Stan Swamy on his death anniversary / Protest Fast by 11 Co-Accused

05/07/2022 Asha

‘You are immortalised in our hearts’: A cellmate’s letter to Stan Swamy on his death anniversary

05/07/2022

Scroll.in / by Vernon Gonsalves

The Jesuit priest, who had been arrested in the Bhima Koregoan case, died in custody on July 5, 2021, at the age of 84.

Dear Stan,
It’s now around a year to the day they said you went away. But it doesn’t seem as if you’ve gone. Guys like you can hardly just go away. Not from me at least, not from many many more you worked with and amongst. Actually you haven’t gone, in fact you’ve come. You’ve come to the lakhs who’ve come to know you over the last year and you’ll continue coming, down the ages, to millions more. You can’t go away, you won’t go away.
Read more

On Father Stan Swamy’s Death Anniversary, Elgar Parishad Activists Observe Protest Fast in Prison

05/07/2022

The Wire / by The Wire Staff

Activists and lawyers have accused the jail administration of inhuman treatment towards and lack of adequate medical care for the priest and other accused in the case.
On July 5, last year, 84-year-old Jharkhand-based tribal rights activist Father Stan Swamy died in judicial custody in Mumbai.
Swamy was the 16th and last person to be arrested in the highly controversial Elgar Parishad case. He, like his co-accused in the case, suffered from prolonged and serious health complications while in custody. Swamy passed away after testing positive for COVID-19. His co-prisoners and lawyers have blamed the state for not allowing adequate medical help to reach him on time.
A year later, protesting against alleged state apathy and lack of accountability, 11 of his co-prisoners have decided to observe a day-long fast on the day of Swamy’s passing.
Read more

Eleven activists accused in Elgar Parishad case observe day-long fast in Taloja prison on 1st death anniversary of Stan Swamy

05/07/2022

Midday.com / by pti

The protesting activists alleged that the death of Father Stan Swamy (83) was “brutal assassination by the prison administration, the NIA, and the government.” Swamy’s co-accused and activist Sudhir Dhawale, in a letter written to the Taloja prison superintendent and the case lawyers, claimed there has been no change in the jail condition, including general apathy among the prison administration and lack of medical facilities, which were among the several causes that led to Swamy’s death.
Read more

Also read
● How the system broke Stan Swamy: A cell mate recalls the activist’s last days in prison (Scroll.in / Aug 2021)

Bombay HC Grants NIA ‘Last Chance’ to File Reply to Hany Babu’s Bail Plea

01/07/2022 Asha

Bombay HC Grants NIA ‘Last Chance’ to File Reply to Hany Babu’s Bail Plea

01/07/2022

The Quint / by pti

On 8 June, the NIA had told another bench of Bombay HC it will file its reply to Babu’s plea within two weeks.
The Bombay High Court on Friday, 1 July, granted a week’s time to the National Investigating Agency (NIA) to file its reply to a bail plea filed by Delhi University associate professor and Elgar Parishad case accused Hany Babu.
Read more

Also read:
● Supreme Court to hear Varavara Rao’s appeal against Bombay High Court’s refusal to extend his medical bail (The Leaflet / June 2022)
● NIA special court rejects default bail application of five accused (The Leaflet / June 2022)