"Nothing Wrong If This Becomes A Precedent In Present Times": Bombay High Court Directs DU Prof Hany Babu To Be Shifted To Breach Candy Hospital By Tomorrow

The Bombay High Court has directed Delhi University Associate Professor Hany Babu, who is covid -19 positive and suffers from black fungus infection, be shifted to Breach Candy hospital by tomorrow.

Babu was arrested in the Bhima Koregaon – Elgaar Parishad case on July 28 2020, by the National Investigation Agency.

A division bench of Justices SJ Kathawalla and SP Tavade observed that the patient deserves to be treated in a hospital of his choice in the current situation when NIA tried to oppose the plea saying it would become a precedent.

"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. They have also agreed to foot the bill." Justice Kathawalla said.

It also permitted the family to have access to doctors and the patient.

The bench was hearing an urgent plea moved through lawyers Yug Chaudhry and Payoshi Roy seeking medical bail to treat the eye infection and Covid.

According to the family, Babu started experiencing pain and swelling in the left eye on May 3, 2021, which soon developed into double vision and severe pain. Despite several requests made by the family he was finally admitted to JJ Hospital from Taloja Prison only on May 12, where he tested positive for Covid.

He was then transferred to GT Hospital, where he is currently recuperating.

During the hearing, the court insisted on speaking to Babu via video conferencing. When Babu was connected to the court via video conference, he told the bench he was satisfied with the treatment given at GT hospital.

The court, however, allowed the interim prayer after Chaudhry pointed out that the hospital did not have the necessary facilities.

"The patient cannot be expected to be transferred from one hospital to another for carrying out tests, as he has already been transferred. The doctors have informed that only after he is negative can he be taken to JJ hospital. The family of Hany Babu is willing to foot the bill of a private hospital. It is directed that he be transferred to breach candy hospital by tomorrow. The doctors at Breach Candy hospital, after examination of his symptoms, can give necessary treatment."

The matter will now be taken up on June 9.