In a significant development, the Bombay High Court has granted bail to former Delhi University professor Hany Babu, who had been in jail for over five years in connection with the Elgar Parishad-Maoist links case. The court noted the prolonged period of incarceration without the commencement of trial as a key factor in its decision.
Background of the Case and Arrest
Hany Babu Musaliyarveettil Tharayil, an associate professor and resident of Gautam Buddha Nagar in Uttar Pradesh, was arrested by the National Investigation Agency (NIA) in July 2020. His arrest was part of the agency's probe into the 2017 Elgar Parishad event in Pune, which authorities allege had links to banned Maoist organizations and led to violence the following day.
The Court's Reasoning for Granting Bail
The bench, while granting relief, emphasized that the accused had already undergone extensive pre-trial detention. The court observed that the trial in the case was not likely to conclude in the foreseeable future, making continued incarceration unjust. This bail order comes as a relief in a case where several activists and academics have faced long legal battles.
Implications and Next Steps
The bail order highlights the ongoing legal debates surrounding prolonged incarceration without trial in India, especially in cases investigated under stringent laws. While Hany Babu is set to be released subject to the fulfillment of bail conditions, the substantive trial in the Elgar Parishad case continues. The NIA, which is prosecuting the case, has the option to challenge the bail order in a higher court.
The development marks a crucial turn in one of the most high-profile cases involving allegations of urban Maoist links, drawing national attention to issues of due process and the right to a speedy trial.
