Don't Discharge DU Professor Hany Baby From Hospital Till June 1 : Bombay High Court

The vacation bench of Justices SS Shinde and NR Borkar heard Babu's wife's petition seeking interim emergency bail for her husband. They directed Breach Candy Hospital not to discharge him until the next hearing on June 1.

In the meantime, the National Investigating Agency's counsel Sandesh Patil sought time to take instructions on the plea.

Babu, who tested positive for covid-19 earlier this month and suffered from a severe eye infection, was admitted to the government hospital on May 13, after several requests from the family seeking medical attention. He was admitted to Breach Candy Hospital last week, following orders of another vacation bench.

"Let the family get the psychological satisfaction at least that he is treated in a hospital of their choice. There is nothing wrong if this becomes a precedent, especially in the present times," Justice Kathawalla had observed.

On Thursday, advocate Yug Chaudhry again mentioned the matter. He said Babu might be discharged in the coming days. He, however, submitted that considering Babu's delicate health and how he was treated, he should not be sent back to Taloja prison.

Advocate Sandesh Patil said that most of Babu's prayers were taken care of by the earlier order. However, he would take instructions regarding the prayers for interim-bail.

Chaudhry then requested that Babu may not be discharged without the court's permission. "His treatment is ongoing. He is still positive," he said.

The court then adjourned the matter to June 1, asking for his medical report to be placed on record and directing the hospital not to discharge him till then.

"Don't take it as adversarial," Justice Shinde told the State and NIA regarding the spread of black fungus infection. The petitioner earlier feared Babu's eye infection was due to mucormycosis. However, he is likely to be tested for it today.

The National Investigation Agency arrested Babu in the Bhima Koregaon – Elgaar Parishad case on July 28 2020. He faces charges under the UAPA along with 15 other activist, lawyers and academics.