Bombay HC grants bail to Elgaar Parishad case accused Hany Babu, cites prolonged incarceration without trial

While the National Investigation Agency (NIA) sought a stay on the operation of the bail order so as to appeal before the Supreme Court, the HC refused the request, stating that Babu has been in jail for over five years.

On May 2 this year, Additional Solicitor General Anil Singh and Advocate Chintan Shah for NIA initially opposed Babu’s plea, stating that his appeal, filed in 2024 after a delay of over two years, challenging the February 2022 order of the special court designated under the NIA Act, was not maintainable.

Singh argued that the trial court’s order was challenged before the HC by Babu, and a coordinate bench dismissed it in September 2022. The Supreme Court, in May last year, dismissed his appeal as he had not pursued it further. Singh added that the apex court had not interfered in the HC’s order; therefore, he should have filed a fresh application before the trial court.

Advocate Yug Mohit Chaudhry, who represented Babu, had then said that his client would delete his prayer challenging the February 2022 trial court order, and the HC may consider his plea as a regular bail application on the grounds of delay in conducting the trial and not on merits.

Chaudhry had emphasised the change in circumstances: after the HC passed its September 2022 bail rejection order, eight co-accused were released on bail by the Supreme Court or the High Court; therefore, Babu was also entitled to seek bail on the ground of prolonged incarceration without trial.

The Justice Gadkari-led bench then asked Babu to seek the necessary clarification from the SC. After the SC asked him to approach either the trial court or HC seeking bail plea, the Justice Gadkari-led bench began hearing Babu’s bail plea.

Chaudhry argued that there was an inordinate delay in the trial and that the prosecution had not yet responded to Babu’s discharge application, filed two years ago.

The lawyer added that while the high court, on January 8 this year, while granting bail to co-accused Rona Wilson and Sudhir Dhawale, had directed the trial court to complete the trial within nine months, the same had not yet proceeded further.

Babu, presently lodged in Taloja Central Prison, sought bail on the ground that he spent over five years in prison without any trial. He was arrested on July 28, 2020.

On the other hand, ASG Singh said that while NIA had filed its reply against Babu’s discharge plea, the special court had decided to hear all discharge pleas together, which was the cause of the delay. Singh said that Babu’s incarceration period was shorter than other co-accused.

Who got bail and who remains behind bars in Elgaar Parishad case?

The Pune police arrested 16 people in connection with the case in 2018, and another seven were held by NIA after it took over the investigation in January 2020. Among those arrested were prominent lawyers, activists and academics, who were accused of being members of the banned Communist Party of India (Maoist), and furthering the cause of the Maoists.

Among the 16 accused, Father Stan Swamy, an 84-year-old priest and tribal rights activist based in Jharkhand, passed away in custody in July 2021.

Ten accused, including Varavara Rao, Sudha Bharadwaj, Anand Teltumbde, Vernon Gonsalves, Arun Ferreira, Shoma Sen, Gautam Navlakha, Sudhir Dhawale, and Rona Wilson, were given bail and were released.

Last month, the Supreme Court granted interim bail to Jyoti Jagtap. Accused Mahesh Raut was also released on six-week medical bail by the Supreme Court, which was later extended.

Lawyer Surendra Gadling and cultural artists and activists Sagar Gorkhe and Ramesh Gaichor are yet to get regular bail.