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"I am a DU Professor, have been in custody for four years..", court was told today
The Supreme Court today granted two weeks' time to National Investigating Agency to file its reply in the bail application filed by Hany Babu, an accused in the Bhima Koregoan case.
A bench of Justices Aniruddha Bose and Sanjay Kumar also refused the petitioner's request that they may be heard today as the matter had already been delayed enough.
"You do realize on the first date you took an adjournment. On the second date we issued notice, today is the third date..", Justice Kumar told the counsel for the petitioner.
In January, a division bench of Justices Aniruddha Bose and Sanjay Karol had issued notice to NIA in Babu's bail application.
Babu has approached the top court by a special leave petition challenging the Bombay High Court's September 2022 order rejecting his bail plea.
Court was told today that Babu was 57-year-old and a reputed professor of Delhi University.
High Court's division bench of Justice N.R Borkar and Justice Nitin Jamdar while rejecting the bail application by Hany Babu, against the order of a Special Judge stated, that the appellant was assigned to do all future tasks of the Revolutionary Democratic Front (RDF). The court further noted appellant’s deep involvement in the activities of the RDF and the CPI (Maoist), and that his role cannot be seen only as an academician trying to help a colleague for release from custody.
The court further took note of the investigation and stated that the communication between the appellant with the co-accused and wanted accused showed that the appellant was in continuous contact with them. The communication between them was, “To comrades proposing to take concrete steps to end the ‘Modi -Raj’. It is stated that ‘we’ are thinking along the lines of another ‘Rajiv Gandhi-type incident’, and targeting ‘his’ road shows could be an effective strategy”.
Further, the court rejected the bail, stating that the appellant was an expert in setting up appointments and developing a code structure that was vital for secret communication.
The Special NIA court on February 15, 2022 had rejected the bail plea of Babu and four others. Special NIA Judge DE Kothalikar had 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".
Babu is accused of waging war and attempting to wage war against the Government of India, tampering and disappearing the evidence, criminal conspiracy, and promoting enmity between different groups on the grounds of religion, race, place of birth, residence, and language under the Indian Penal Code. Further, he is also accused of committing unlawful activities, terrorist acts, conspiring and organizing terrorist camps, and recruiting members to commit a terrorist act under the Unlawful Activities Prevention Act.
Case Title: Hany Babu vs. NIA
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