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The Bombay High Court has directed that Prof Hany Babu not be discharged from the hospital without the court’s permission, before the next date of hearing, on June 1. The court, at the last hearing had directed that Hany Babu be transferred to Breach Candy Hospital owing to severe eye infection and testing positive for Covid.
The vacation bench of Justices SS Shinde and NR Borkar heard the matter upon mentioning as the case was listed to be heard. The counsel for the petitioner, Jenny Rowena, wife of Hany Babu, submitted that Hany Babu has still not recovered from his eye infection and is still Covid positive. In such a situation, his discharge will prove fatal.
The court thus, directed Breach Candy Hospital to submit the medical report of Hany Babu’s condition by June 1 and until then he should not be discharged. The court stated that if before June 1, he is required to be discharged, the Hospital has to seek permission of the court.
On May 19, the vacation bench of Justices S J Kathawalla and S P Tavade had heard the petition and directed that Hany Babu be transferred to Breach Candy Hospital, the charges for which be borne by the family. Bhima Koregaon-accused Hany Babu (55), in custody sans-trial since July 2020, was diagnosed as Covid-19 positive on May 13, 2021. The professor had already been suffering a dire eye infection in Taloja jail. His family had already appealed to the Maharashtra government to shift him to a multi-speciality hospital with required expertise and facilities, for the best possible treatment in his present condition.
It may be pertinent to mention here that when Dr. Varavara Rao’s wife had petitioned the court for his medical bail and he was shifted to the hospital, the court had passed similar orders to not discharge him without the court’s permission and sought regular reports from the hospital regarding his health condition and finally decided upon his 6 months bail taking into account his medical condition.
The order may be read here:
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