Elgar Parishad case: DU professor Hany Babu granted bail after 5 years in jail without trial

Former Delhi University associate professor Hany Babu — arrested in the Elgar Parishad case — was on Thursday granted bail by the Bombay High Court, which said his continued detention for over five years without trial could not be justified.

A division bench of Justices A.S. Gadkari and R.R. Bhonsale, which had reserved its order in early October, directed Babu’s release on a personal bond of Rs 1 lakh, with sureties of an equal amount.

The NIA (National Investigation Agency) sought a stay on the bail order to move an appeal before the Supreme Court, but the bench declined the request, noting both the prolonged incarceration and the fact that the trial is “not likely to complete soon”.

Babu, full name Hany Babu Musaliyarveettil Tharayil, was arrested in July 2020. The 59-year-old academic, who taught in the English department at Delhi University, has been lodged at Taloja Central Jail since his arrest.

Babu’s counsel Yug Mohit Chaudhary argued that charges were yet to be framed and a discharge application remained pending before the trial court.

He also pointed out that several co-accused — eight in total — had already been granted bail by either the High Court or the Supreme Court, and therefore Babu was entitled to the same relief on grounds of parity and prolonged incarceration.

The NIA, however, has described Babu as a “co-conspirator” who allegedly propagated Maoist ideology and activities under the instructions of leaders of the banned Communist Party of India (Maoist).

The Elgar Parishad case stems from an event held at Pune’s Shaniwarwada on 31 December 2017, where cultural group Kabir Kala Manch performed and speeches were delivered that allegedly promoted caste enmity. Violence broke out the next day at Koregaon-Bhima, leading to statewide unrest. The Pune police first registered the case in 2018 before it was transferred to the NIA.

Over the years, the case has seen the arrest of 16 lawyers, activists, academics and artists accused of Maoist links. Among them was Father Stan Swamy, who died 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 — have since secured bail. The Supreme Court recently granted interim bail to Jyoti Jagtap, while Mahesh Raut is out on medical bail.

Those still behind bars include lawyer Surendra Gadling and cultural activists Sagar Gorkhe and Ramesh Gaichor.

With PTI inputs