Bhima Koregaon Case | Supreme Court Issues Notice To NIA On Professor Hany Babu's Bail Plea

A bench of Justices Aniruddha Bose and Sanjay Karol was hearing Babu's special leave petition challenging a September 2022 decision of the Bombay High Court to reject his bail application in this case. Babu has been lodged in jail since July 2020 after being arrested under the Unlawful Activities (Prevention) Act, 1967 in connection with the 2018 caste-based violence that broke out at Bhima Koregaon in Pune.

During the brief courtroom exchange today, the counsel appearing for Babu told the court that he was 57 year old and a reputed professor of Delhi University. She added, "The allegation against him is that certain code names were found on his laptop. My Lords, this case is covered entirely by Your Lordships' judgment in..."

"Issue notice. Returnable in three weeks," Justice Bose summarily pronounced. 

Background

Hany Babu, along with 15 others, has been accused by the National Investigation Agency of being responsible for the caste violence at Bhima Koregaon in Pune, although one of them – Jesuit priest and tribal rights activist Father Stan Swamy passed away in July 2021.

The Pune police and later, the NIA contended that inflammatory speeches at Elgar Parishad – an event to commemorate the two hundredth anniversary of the Battle of Koregaon Bhima – triggered the violent clashes that broke out between Maratha and Dalit groups near the village of Bhima Koregaon in Maharashtra. This led to the 16 activists being arrested for allegedly conspiring and planning the violence and charged with various provisions of the Unlawful Activities (Prevention) Act based on letters and emails primarily retrieved from their electronic devices.

Babu, facing charges under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act, was arrested by the central agency on July 28, 2020. After being snubbed by the trial court, the professor moved the Bombay High Court for bail. However, in September 2022, the high court declined his request, basing its decision on an examination of evidence, including a 'Secrecy Handbook' purportedly recovered from Babu. The court noted that Babu's activities extended beyond academic interests, indicating deep involvement with the Revolutionary Democratic Front (RDF) and the CPI (Maoist).

The bench, comprising Justices Nitin Jamdar and NR Borkar, expressed concerns about the seriousness of the conspiracy and Babu's role in it. Citing broad probabilities and the totality of the material, the court found reasonable grounds to believe the NIA's accusations against Babu, asserting that he had conspired, attempted, advocated, and abetted terrorist acts. Accordingly, the division bench rejected his plea for bail, considering the gravity of the accusations and the potential threat posed by the alleged conspiracy. 

Case Details

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

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