Introduction:

In a significant development, the Supreme Court on January 3 issued notice in the bail plea of Delhi University professor Hany Babu, a key accused in the Bhima Koregaon-Elgar Parishad case. The National Investigation Agency (NIA) had arrested Babu under the Unlawful Activities (Prevention) Act, 1967, in connection with the 2018 caste-based violence that erupted at Bhima Koregaon in Pune. Babu’s special leave petition challenged the Bombay High Court’s September 2022 decision, which rejected his bail application in the case. The court, led by Justices Aniruddha Bose and Sanjay Karol, heard arguments on Babu’s behalf, emphasizing his age, reputation as a professor, and contesting the evidence linking him to the alleged conspiracy.

Arguments:

Babu’s counsel argued that the case against him hinged on the discovery of code names on his laptop. She invoked the judgment of the Supreme Court in a related matter and highlighted the alleged lack of concrete evidence linking Babu to the violence. On the other side, the NIA contended that Babu, along with 15 others, played a significant role in orchestrating the caste violence at Bhima Koregaon. They pointed to inflammatory speeches at Elgar Parishad as the catalyst for clashes between Maratha and Dalit groups, resulting in the arrests. The prosecution referred to a ‘Secrecy Handbook’ recovered from Babu, claiming it indicated his deep involvement with the Revolutionary Democratic Front (RDF) and the CPI (Maoist).

Court’s Judgement:

Justice Bose, after a brief courtroom exchange, issued notice and scheduled the matter to be returnable in three weeks. The court did not delve into the specifics of the arguments but acknowledged the need for a detailed examination. The case involves serious charges under the Unlawful Activities (Prevention) Act, and the bench’s decision to issue notice suggests a willingness to scrutinize the grounds on which the Bombay High Court had denied bail to Babu in September 2022.