Bhima Koregaon Case : Bombay High Court Directs Taloja Prison To Ensure Proper Medical Treatment For Prof Hany Babu

On Tuesday, Justices SS Shinde and NJ Jamadar disposed of Babu's wife – Jenny Rowena's plea- seeking interim medical bail for him after Breach Candy's doctors certified that Babu's had recovered from Covid-19 and orbital cellulitis, and he is fit for discharge.

Advocate Payoshi Roy for Rowena expressed satisfaction with the treatment and did not seek further relief. He, however, submitted that Babu should be taken for treatment as and when required.

"In view of the nature of the ailment the prisoner had been suffering from, we direct the Superintendent, Taloja Central Prison to take the prisoner to JJ Hospital, as and when required. In case of necessity of consultation with the consultants, who treated the prisoner at Breach Candy Hospital, the Superintendent, Taloja Central Prison is at liberty to consult those consultants," the bench said in its order.

In response to state's counsel Aruna Pai's contention that Babu should pay for a private consultation, Justice Shinde said that it was the State's duty to care for even convicts and undertrials.

Therefore a consultation would be at the States expense.

"If the systems can be improved and infrastructure can be provided (prisons)... We can only suggest, ultimately, it's in the hand of the State," the court said.

The National Investigation Agency arrested Babu on July 28, 2020. The agency has accused the 54-year-old professor of having association/links with the banned CPI(Maoist).

In May, a vacation bench of Justices SJ Kathawalla and SP Tavade observed that the government hospital Babu was being treated in did not have adequate facilities and ordered him to be transferred to a hospital of his family's choice.

"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 (Covid pandemic) times. They have also agreed to foot the bill." Justice Kathawalla had said.

He also permitted Babu access to his family.

Babu is booked for offences 121, 121A, 124A, 153A, 505(1)(b), 117, 120B r/w 34 of the IPC and sections 13,16,17,18,18-B,20,38,39 and 40 of the UAPA along with 14 other activists. Father Stan Swamy, the 16th accused to be arrested, passed away on July 5, awaiting bail.

The prosecution submitted draft charges before a special NIA Judge earlier this month.

The Bhima Koregaon Case

The Bhima Koregaon battle was fought between 25,000 mighty Peshwa army and 500 British soldiers, including people from the Mahar (Dalit) community. The names of martyrs in the war are inscribed in the memorial by the British Army back then.

The hundreds of people visiting the war memorial at Bhima Koregaon was attacked on January 1, 2018, after violence erupted. They were mainly from the Dalit community, and one died in the stone-pelting. It was later alleged that Bhima Koregaon violence resulted from inflammatory speeches held at the Elgaar Parishad conference on December 31, 2017.