On Friday, Hany Babu, a former professor at Delhi University, opted to retract his petition in the Supreme Court that was requesting bail in connection with the Bhima Koregaon case, which implicates him in alleged Maoist affiliations.

The case was brought before Justices Bela Trivedi and Pankaj Mithal.

Babu's legal representative apprised the court of a significant development: five co-accused had been granted bail, prompting a change in circumstances. Consequently, the Court issued the following order:.

“The counsel for the petitioner states that there is a change in the circumstance and she would not like to press the present petition and approach the High Court…In veiw of the above, the petition is dismissed as not pressed.”

The Division Bench was deliberating on Babu's special leave petition, contesting a September 2022 ruling by the Bombay High Court that dismissed his bail plea in relation to this case. Babu has remained incarcerated since July 2020, following his arrest under the Unlawful Activities (Prevention) Act, 1967, in connection with the caste-based violence that occurred in Bhima Koregaon, Pune, in 2018.

Before concluding the proceedings, the Counsel sought permission from the Court to approach the High Court. However, Justice Trivedi clarified that the Counsel's statement had already been noted in the order, stating, "No, we do not grant any leave. We have recorded your statement. No need for our permission."

In April, the Supreme Court, presided over by Justices Aniruddha Bose and AG Masih, granted bail to Shoma Sen, a co-accused in the case. The court's decision came after it observed that there was no prima facie case against her.

Sen is the sixth among the sixteen accused in the case to be granted bail. Sudha Bharadwaj obtained default bail in 2021, while Anand Teltumbde, Vernon Gonsalves, and Arun Ferreira secured bail based on merits in 2022 and 2023 respectively. Varavara Rao was granted bail due to medical reasons, and Gautam Navlakha was transferred to house arrest by the Supreme Court owing to health concerns.

Despite the Bombay High Court granting bail on merits to Gautam Navlakha and Mahesh Raut, these orders were suspended by the High Court itself, with the stay orders subsequently extended by the Supreme Court. Unfortunately, Father Stan Swamy, another accused, passed away in custody in July 2021.

Case Details

Hany Babu v. National Investigation Agency | Diary No. 35415 of 2023