The Bombay High Court on Thursday (28/05/2021) directed a private hospital not to discharge Delhi University Professor Hanny Babu until the next hearing of a petition submitted by his wife (Jenny Roweena v. The State of Maharashtra).
The direction was issued after the court heard the petition by Babu's wife, which prayed that the Professor's health condition is not adequate to return him to jail and sought interim emergency bail.
Babu had tested positive for Covid-19 earlier in May 2021 and was also suffering from a severe eye infection. He was admitted at a government hospital initially and was later shifted to a Breach Candy Hospital after a court order allowing for the same. The transfer order also came when family members of the incarcerated Professor petitioned before the High Court.
Allowing the transfer of the Professor to the private hospital, Justice Kathawalla observed that:
“Let the family get 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.”
Professor Hanny Babu is one of the accused in the Bhima Koregaon- Elgaar Parishad Case.
The present matter was heard by a vacation bench comprising Justices S.S. Shinde and N.R. Borkar.
Advocate Yug Chaudary appearing for the accused, submitted that Babu is still positive for Covid-19 and suffers from an eye infection, but he may be returned to jail. He submitted that Babu ill health would not justify him being sent back to Taloja jail.
Advocate Santosh Patil appearing for the National Investigation Agency, submitted that most of the petitioner's prayers had been granted in previous hearings. He also asked for more time to reply to the question of emergency bail.
The court, in its order, directed that:
“In view of the facts and circumstances of the case and the order passed by this court dated 19.5.2021, the Breach Candy Hospital is requested to forward report to this court in relation to health condition of Hany Babu Tharayil by next date 1.6.2021. The said Hospital is also requested not to discharge Hany Babu Tharayil till the next date and in case, he is required to be discharged before the next date, then the concerned Hospital is requested to seek permission of this court.”
The matter is posted for the next hearing on 1st June 2021.