Bombay High Court Permits Former DU Prof Hany Babu To Undergo Cataract Surgery At Private Hospital In Mumbai

A division bench led by Justice AS Gadkari directed Babu, currently lodged in Taloja Prison, to be escorted to the private hospital on Tuesday, further permitting hospitalisation for four days. During this time, he would also undergo diagnosis for upper abdominal pain and osteoarthritis.

Babu had approached the court recently seeking interim bail on health grounds for three months to get a cataract surgery and treatment for upper abdominal pain and osteoarthritis at his own expense.

During the hearing Advocate Yug Mohite Chaudhry apprised the court about Babu's medical history, further pointing out how he was permitted to take treatment in Breach Candy Hospital in the past. He also said that if something is found during diagnosis regarding the other ailments, Babu shouldn't be discharged before treatment.

Special Public Prosecutor Sadesh Patil along with Advocate Chintan Shah for NIA opposed the application to the limited extent that Babu could easily undergo treatment at JJ Hospital.

While the court allowed Babu treatment at a private hospital for cataract, the court refused to widen the scope of the petition regarding treatment for other ailments as well. It only permitted a cataract surgery and diagnosis for other ailments.

Earlier this year on September 9, a coordinate bench had refused bail to Babu on merits. The NIA arrested Babu in the cases in 2020 accusing him of being actively involved furthering the CPI (Maoist) agenda.

In his petition, Babu claimed that he has lost vision significantly due to cataract and was experiencing acute and unrelenting pain in his stomach and knees. He further said that prison authorities violated his fundamental right to healthcare and medical treatment provided under Article 21 of the Constitution.

Citation: 2022 LiveLaw (Bom) 495