Supreme Court Refuses Urgent Listing For Hany Babu’s Application In Bhima Koregaon Case

The Supreme Court on Monday (June 23) refused to grant urgent listing for an application filed by former Delhi University Professor Hany Babu, an accused in the Bhima Koregaon case, seeking a clarification that he could approach the High Court for bail.

The bench comprising Justice KV Viswanathan and Justice NK Singh refused to list the matter during the partial working days and directed its listing after the re-opening of the Court.

The counsel for the petitioner submitted that several co-accused persons were granted bail by the Supreme Court both on merits as well as on the ground of prolonged custody. Hany Babu withdrew his bail petition in the Supreme Court to approach the Bombay High Court. On May 2, the High Court observed that Babu should get a clarification from the Supreme Court that he had the liberty to approach the High Court for bail after the withdrawal of his bail petition in the Supreme Court. Thereafter, an application was filed in the Supreme Court seeking such a clarification, which was mentioned by the counsel today seeking urgent listing.

Justice Viswanathan, noting that the High Court’s order was passed on May 2, asked the counsel why the application was not moved during the regular working days till May 23. When no urgency was shown by the petitioner then, how can an urgent listing be given during the vacations, the judge asked.

“We were fully open till May 23. The order was passed on May 2. You had to show some urgency and filed in time,” Justice Viswanathan said.

The counsel replied that it took time to get the certified copies. Justice Viswanathan then said that as a lawyer, he had filed cases even without certified copies in cases of extreme urgency, and the Court allowed listing in such cases.

In September 2022, the High Court had denied bail to Babu, who was arrested in July 2020 by the NIA under the UAPA over alleged links to Maoists in the Bhima Koregaon case. In May 2024, he withdrew the special leave petition filed in the Supreme Court, saying that he wanted to approach the High Court for bail citing change in circumstances.

Last month, the High Court observed that the Supreme Court’s order allowing the withdrawal did not reserve his liberty to approach the High Court. Hence, the High Court said that Babu was required to seek clarification from the Supreme Court.