In a significant development, the Bombay High Court on Thursday granted bail to former Delhi University professor Hany Babu Tharayil, an accused in the high-profile Elgar Parishad-Maoist links case. The 55-year-old academic has spent over five years and seven months in pre-trial custody since his arrest in 2020.
Grounds for Bail: Prolonged Incarceration Without Trial
The bench of Justices A S Gadkari and R R Bhonsale ruled that the extended jail term without the prospect of a timely trial completion infringed upon the fundamental right to life. The court stated that "prolonged incarceration and unlikelihood of trial being completed in reasonable time or near future, necessitates a consequential release of the under trial on bail." This legal principle formed the core of the decision.
The court rejected a plea by the National Investigation Agency (NIA) for a stay on the bail order. With this ruling, Hany Babu becomes the twelfth accused among the sixteen arrested in the case to be released on bail. One of the accused, activist Father Stan Swamy, passed away in judicial custody in 2021.
The Academic's Plea and Legal Journey
Hany Babu Tharayil, a distinguished scholar in linguistics with a doctorate from the Central Institute of English and Foreign Languages in Hyderabad, had no criminal record prior to his arrest. His counsel, advocate Yug Chaudhry, argued for bail primarily on the grounds of prolonged detention, not on the merits of the case.
The legal battle has been long. A special trial court rejected his bail plea on February 14, 2022. Later, on September 19, 2022, the Bombay High Court also denied bail on merits, noting that material presented by the NIA suggested he was "part of a larger conspiracy." However, citing a change in circumstances—specifically, the bail granted to eight co-accused by the Supreme Court and High Court after September 2022—Babu approached the High Court again. His latest application emphasized the violation of his fundamental rights due to extended pre-trial custody, relying on recent Supreme Court rulings on such grounds.
Background of the Elgar Parishad Case
The case originates from an event held on December 31, 2017. The Elgar Parishad was organized at Pune's Shaniwarwada by the Kabir Kala Manch and other left-leaning organizations, coinciding with the 200th anniversary of the Battle of Koregaon Bhima. The following day, on January 1, 2018, caste-based violence erupted at the Koregaon Bhima war memorial, leading to one death.
An initial FIR was lodged at Pune's Vishrambaug police station in January 2018 concerning alleged inflammatory speeches made at the Elgar Parishad. In January 2020, the probe was transferred to the NIA, which invoked the stringent Unlawful Activities (Prevention) Act (UAPA). The police alleged that the banned Communist Party of India (Maoist) was involved in organizing the event to instigate the subsequent violence.
Several activists and intellectuals, including Surendra Gadling, Rona Wilson, Mahesh Raut, Sudhir Dhawale, Shoma Sen, and Father Stan Swamy, were arrested in the months following the event.
Current Status and Remaining Accused
Following Hany Babu's release, three accused remain in judicial custody: advocate Surendra Gadling, and poet-singers Sagar Gorkhe and Ramesh Gaichor, who were arrested in 2020. In a related development, the Supreme Court, on December 1, directed the state to ensure efficient video-conferencing facilities for Gadling's appearances. It also instructed the special NIA court to decide by January 15, 2026, on a prosecution application for calling of records.
The bail grant to Hany Babu Tharayil underscores the judiciary's growing scrutiny of prolonged pre-trial detention under special laws, balancing state security concerns with the fundamental rights of the accused.
