The Bombay High Court on Monday rejected the regular bail application filed by UAPA-accused Hany Babu. He was arrested in July 2020 and is currently lodged at the Taloja prison in Navi Mumbai.

A division bench of Justices NM Jamdar and NR Borkar has been hearing the bail plea since August. In June, Hany Babu approached the High Court, challenging an order of a special National Investigation Agency court in Mumbai.

The National Investigation Agency (NIA), which is conducting a probe into the case, has accused Babu of being a co-conspirator in propagating Maoist activities and ideology on the instructions of leaders of the banned CPI (Maoist) organisation.

In his plea, Babu said that while the NIA cited a letter detailing a conspiracy to kill Prime Minister Narendra Modi as evidence, the alleged letter did not incriminate him.

His plea said that there existed no evidence to even suggest that he intended to or supported activities to cause disaffection against India.

The NIA had opposed the bail plea, arguing that Babu actively participated in activities to promote Naxalism and wanted to overthrow the government.

Additional Solicitor General (ASG) Anil Singh had said that Hany Babu wanted to promote and expand Naxalism and was part of the conspiracy to wage a war against India by overthrowing the elected government.

He along with others wanted to set up “Janata Sarkar” i.e. people’s government by arms struggle, Singh had told the court. The ASG had also argued that Babu used to train other members of the outfit on how to avoid phone tapping.

In September, the bail plea of Gautam Navlakha, a co-accused in the same case, was denied by the special NIA court.

Who is Hany Babu?

Former Delhi University associate professor Hany Babu was arrested in July 2020 in connection with the Elgar Parishad case.

The case relates to alleged inflammatory speeches delivered at the Elgar Parishad conclave, held in Shaniwarwada in Pune on December 31, 2017, which police claimed triggered violence the next day near the Koregaon Bhima war memorial located on the city’s outskirts.

One person was killed and several others were injured in the violence.

The case, in which over a dozen activists and academicians had been named accused, was initially probed by the Pune police and later taken over by the NIA.

The other accused arrested in relation to the Elgar Parishad case include Sudha Bharadwaj, Stan Swamy, Roma Wilson, Varavara Rao, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves, Surendra Gadling, Mahesh Raut and Shoma Sen.

Among the accused, Sudha Bharadwaj and Varavara Rao were granted bail, while Jesuit priest Stan Swamy passed away in prison.

Courtesy: The Daily Siasat

The post Elgar Parishad case: Bombay court rejects Hany Babu’s bail plea appeared first on SabrangIndia.

On February 14, a Mumbai Court denied bail to Delhi University professor Hany Babu and Kabir Kala Manch members Sagar Gorkhe, Ramesh Gaichor and Jyoti Jagtap, accused in the Bhima Koregaon violence case. As per the Special Court Judge Dinesh E Kothalikar, there were reasonable grounds for believing that the accusations were prima facie true and hence the bail was denied.

Brief background of the case 

Kabir Kala Manch was one of the 250 Dalit and human rights organisations that participated in the Elgar Parishad, an event that took place in Pune city on December 31, 2017, a day before violent clashes broke out between Maratha and Dalit groups near the village of Bhima  Koregaon.

On July 28, 2020,  Hany Babu , Associate Professor at Delhi University (accused no.12)  was arrested on the accusation for commission of offences punishable under Sections 121, (waging, attempting or abetting waging of war against the Government of India) 121A (conspiracy to commit offences punishable U/S 121), 124A (Sedition), 153A ( promoting enmity between different groups on grounds of religion, place of birth, race, language etc) , 505(1) (b) (statements conducing to public mischief) 115 (Abetment of offences punishable with death or imprisonment for life- if not committed), 120B (criminal conspiracy) , 201 (causing disappearance of evidence or giving false information) read with 34 (common intention) of Indian Penal Code, 1872 and Sections 13 (punishment for unlawful activities), 16 (punishment fo terrorist act), 17 (punishment for raising funds for terrorist act), 18 (punishment for conspiracy), 18A (organising of terrorist camps), 18B (recruiting of any person/s for terrorist act), 20 (being member of terrorist gang or organisation), 38 (membership of terrorist organisation) and 39 (support given to terrorist organisation) of the Unlawful Activities (Prevention) Act, 1967. He was alleged to be the member of the CPI (Maoist) deemed a terrorist organisation under the first schedule of Unlawful Activities (Prevention) Act (UAPA), and that he was in correspondence with the members of CPI (Maoist).

Further it was also alleged that he had organised and participated in a committee that was constituted to provide legal defence to members of CPI(Maoist), helped in raising funds in order to help persons who were charged with membership of CPI (Maoist) after they were released from prison, and inculcated Maoist sympathies amongst students and other people.  

Pune Police filed charge-sheet and a supplementary charge-sheet in this case on November 15, 2018, and February 21, 2019, respectively against the accused Gorkhe (accused no. 13) Gaichor (accused no. 14) and Jyoti Jagtap (accused no. 15) are all members of Kabir Kala Manch.

On September 7, 2020,Gorkhe and Gaichor were arrested by the National Investigation Agency (NIA) in connection with the Bhima Koregaon violence. The following day, Jagtap was also taken into NIA custody on the accusation for the commission of offences punishable under Sections 121, 121A, 124A, 153A, 505(1) (b), 115, 120B, 201 read with 34 of the Indian Penal Code, 1872 and Sections 13, 16, 17, 18, 18A, 18B, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967.

All the arrests in what came to be known as the ‘Bhima Koregaon case’ can be traced back to an FIR dated January 8, 2018, filed by Tushar Ramesh Damgude under Section 153A, 505(1)(b), and 117 of the Indian Penal Code (IPC) that was originally registered by the Pune police for “inciting people and giving provocative speeches during Elgar Parishad organised at Shaniwarwada in Pune by the activists of Kabir Kala Manch on December 31, 2017, which promoted enmity between various caste groups and led to violence, resulting in loss of life and property and State-wide agitation in Maharashtra.”

On January 24, 2020, the NIA took over the investigation of the case and stated that it was revealed during the investigation that the organizers of Elgar Parishad were in contact with the senior leaders of CPI (Maoist). 

Background of the accused

Hany Babuis a professor of language and linguistics at the Department of English at the Delhi University. He has published various articles such as: “Converging struggles and diverging interests: A look at the recent unrest in universities.”, “Unequal rights: Freedom, equality, life and liberty of citizens”, and so on.

Sagar TatyaramaGorkhe belongs to a Dalit family who had an unstable childhood in Pune. His parents moved from suburb to suburb taking up jobs as construction workers, security guards and domestic workers. In 2004 he joined the Kabir Kala Manch. As a student, he worked as a sweeper and a car cleaner to be able to pay for college, but later he worked full-time with Kabir Kala Manch.

Ramesh Gaichor is the son of MurlidharGaichor, andhails from the Maratha community. But he had friends from Dalit groups through whom he was introduced to the message of Babasaheb Ambedkar. When he joined Kabir Kala Manch in 2002, he was a commerce student at Wadia College, but spent more of his time writing plays and participating in cultural activities.He was good in studies in school, liked to write poetry and perform in plays. He was also interested in social work, and doing good for the poor. Since the Manch did not make too much money through their performances, Gaichor also worked part-time jobs as a hospital clerk and a lecturer over the years. 

Jyoti Jagtapwas a fiery social activist in Seva Dal, a socialist youth group in Pune district’s Saswad towneven before she joined Kabir Kala Manch in 2007. She was a psychology student at Saswad’sWaghire College at the time, and took up a range of women’s issues in her activism. In 2007, Jagtap moved to Pune to pursue a Master’s degree in psychology from SP College, and soon got involved with Kabir Kala Manch. Her role mostly involved planning dharnas and protests. She worked full-time at Kabir Kala Manch till 2017, after which she along with her colleague Jadhav began working with a non-profit organisation working with teenagers.

Application for bail of Hany Babu 

Reliance was placed by the court on the judgment of Hon’ble Supreme Court in the case of

ThwahaFasal Vs Union of India (2021 SCC Online 1000) which lays down the law as to what should be the approach of the Court in deciding bail applications involving offences underChapters IV and VI of the UAP Act.

Keeping in mind the above judgement the Court considered the totality of the material produced along with the charge sheet for deciding the application. 

The learned advocate for the applicant Mr. Gaikawad, prayed to exercise discretion in favour of the applicant and release him on bail as according to him even if the allegations made against the applicant is considered it only amounts to an offence punishable under Sections 38 and 39 of the UAP Act 

To this the Special Public Prosecutor Mr. Shetty submitted the existence of sufficient material against the applicant and the co accused showing their involvement in the activities of banned organisation and their involvement in the larger conspiracy. Reference was made to certain letters seized from the computers and electronic devices of the applicant and the co-accused during search, which showed how they were involved in the functioning of the banned organisation, and the severity of the conspiracy. Therefore, he prayed to reject the application. 

The learned SPP has also drew attention to a pamphlet which ends with thename of the committee for the defence and release of GN Saibaba, and was sufficient to prima facie establish that the applicant was instrumental for the release of the convict GN Saibaba,who was convicted for the activities of the CPI (Maoist).

In addition to this there was also a statement of the witness that corroborated with the contents of the documentary evidence. Another witness stated that theapplicant was a Maoist sympathiser. The prosecution further claimed that the applicant and the co accused have conspired with each other and the other accused to further ideology of the CPI(Maoist) and that they had abetted the act of waging war against the Government of India, brought into hatred and excited disaffection towards the Government and promoted enmity between different groups on the ground of religion, caste or community and committed acts prejudicial to maintenance of harmony.

Considering the circumstances along with the subject of law, the Court concluded that theapplicant has failed to make out a case for grant of bail. 

Gorkhe, Gaichor and Jagtap’s case

A report lodged at Vishrambaug Police Station on January 08, 2018, under Section 154 of the Code of Criminal Procedure, claimed that a program was organized at Shaniwar Wada, Pune on December 12, 2017 by an Elgar Parishad wherein some performers enacted short plays, performed dances and sang songs which were provocative in nature and had effect of creating communal disharmony. It further added that the members of Kabir Kala Manch spread hatred through their songs, plays and speeches which caused enmity between different communities and resulted in the incidents of violence, arson and stone pelting near Bhima Koregaon.

Arguments

The Counsel for accused Nos.13 and 14, Mr. Rathod, submitted that it is required to consider whether there are reasonable grounds for believing that the accusation against the accused, are prima facie true. In support of the submission reliance was placed on the judgment in the case of ThwahaFasal Vs Union of India (2021 SCC Online SC 1000).

The counsel for accused No.15 Mr. Shaikh has relied upon the judgment in the case of Jayanta Kumar Ghosh Vs State of Assam {(2010) 6 GLR 727}, in which the word ‘prima facie’ coupled with the word ‘true’, implied an exercise of crosschecking the truthfulness of the allegations, made in the complaint, on the basis of the materials on record. 

Rathod submitted that the accused have already prosecuted for the offences under the UAPA and they were released on bail in C.R. No.19 of 2011 by ATS Mumbai therefore on the basis of the similar allegations they cannot be prosecuted, hence prayed to release the accused on bail.

In response SPP Mr. Shetty brought attention to the copy of supplementary Chargesheet and submitted that in the said case the accused were arrested for the offences punishable under Sections 387, 465, 467, 468, 471 read with 120B of the IP Code and Sections 18, 18A,18B, 20, 38 and 39 of the UAP Act, whereas in this case they have been arrested for commission of the offences punishable under Sections121, 121A, 124A, 153A, 505(1)(b), 115, 120B, 201 read with 34 of the Indian Penal Code, 1872 and Sections 13, 16, 17, 18, 18A,18B, 20, 38 and 39 of the UAP Act, therefore, it cannot be claimed that it cannot the accused have been prosecuted twice for the same offence.

It was further submitted that the material placed on record indicates that after their releaseon bail the accused were involved in furthering unlawful activities of the banned organisation.  

Counsels for the accused submitted that the prosecution failed to place on record material to state that the accused were the members of the Kabir Kala Manch and it cannot be inferred that the Kabir Kala Manch was the frontal organisation of the CPI (Maoist), the Terrorist Organisation and claimed the absence of prima facie evidence against the accused persons.

Shetty stated that the Central Government passed an order to add the Communist Party of India (Maoist) and all its formations and frontal organisations as terrorist organisation in the Schedule to the UAP Act by making corresponding amendment and further submitted that the existence of sufficient material against the applicants and the co accused that showed their involvement in the activities of banned organisation by being its active members. 

The prosecution also placed on record certain documents recovered from the pen drive of accused P. Varavara Rao issued by the Central Committee of Communist Party of India (Maoist) and divided into different Parts and Chapters. 

The prosecution further claimed that another document was recovered from the pen drive of accused P. Varavara Rao, which deals with the work in urban areas which is also a literature of the banned organisation.

To this Shaikh submitted that the applicants were only the part of the group of performers and were not assigned with specific role in the Parishad and even if it is said that they were members of banned organisation, that itself is not a crime and to substantiate his contention  he relied upon few judgments which had common held that “mere membership of a banned organisation will not incriminate a person unless he resorts to violence or incites people to violence or does an act intended to create disorder or disturbance of public peace by resort to violence” 

It was also submitted that the Elgaar Parishad was organised by Kishor Kamble and the 

report of the same was submitted to the Deputy Commissioner of Police, Special Branch1,

Pune City, which contains the script of the speeches given by all the performers which reveals that there is no incriminating material against the applicants. 

Grounds for denying bail to Hany Babu

In Hany Babu’s case, the court held that there was every scope to prima facie conclude that the applicant was having knowledge in respect of the conspiracy behind the violence. While the applicant had submitted that bail be granted since trial is yet to begin, the prosecution said that the same was halted for framing of charges since many applications are being moved.

The court denied bail saying, “Upon cumulative consideration of all the aforesaid circumstances as well as law on the subject, I conclude that the applicant has failed to make out a case for grant of bail”.

Grounds for denying bail to other accused

The court noted, “It is material to note that the material placed on record prima facie establishes that the applicants were actively involved in the organisation of Elgaar Parishad.”

The court, after perusal of material held that,

“Prima facie it can be gathered that the applicants along with other members of the banned organisation hatched a serious conspiracy to create unrest in the entire country and to overpower the Government, politically. The material placed on record thus prima facie denote that the applicants were not only the members of banned organisation CPI (Maoist), but they were carrying out activities further in the objective of the organisation which is nothing but to overthrow the democracy of the nation. Therefore, I do not find merit in the submissions made by the learned advocate for the applicants that only because of membership of banned organisation the applicant cannot be detained in jail, is not acceptable.”

The court also pointed out that the mere fact that the applicant was not present in Pune at the time of the Elgaar Parishad and that he has not been named in the FIR would not take his defence further.

The counsel for the applicant had brought the court’s attention to the proceeding ofthe Maharashtra Legislative Assembly wherein then Chief Minister Mr. Devendra Fadnavis, had informed the house that 1,100 to 1,200 persons holding saffron flags were assembled at village Wadu near the Samadhi of Chhatrapati Sambhaji.

However, the court refused to take the same on record while stating that,

“In view Section 43D(5) of the Act as the court is required to form the opinion on perusal of the case diary or the report made under section 173 of the Code that there are reasonable grounds for believing that the accusation against such person is prima facie true. Therefore, it can be said that the court in order to form the opinion is required to peruse the case diary or the report under Section 173 of the Code. Thus, I do not find merit in the submissions made by the learned advocate for the applicants.”

The court held that “there are reasonable grounds for believing that the accusation of commission of the offences punishable under Chapters IV and VI of the UAPA against the applicant is prima facie true,” and thus denied bail to the three accused.

Bail orders may be read here: 

Related: 

CJP writes to Maha HM demanding action against hate monger Milind Ekbote
Serial Hate Offender Milind Ekbote gets bail despite previous track record
SC dismisses NIA appeal against default bail to Sudha Bharadwaj

The post Bhima Koregaon case: NIA court denies bail to Hany Babu and Kabir Kala Manch members appeared first on SabrangIndia.

The Bombay High Court has directed that Prof Hany Babu be transferred to the Breach Candy hospital  by tomorrow, May 20. The court stated that the “doctors at Breach Candy hospital after examination of his symptoms can give necessary treatment”, and that the charges of the private hospital will be borne by the family of the patient. Most importantly the court has directed that Hany Babu’s family “is permitted to communicate with him and the doctors.”

The proceedings of the hearing by a vacation bench of Justices S J Kathawalla and S P Tavade were one of the most interesting in recent times. As shared on social media by the legal portal Live Law, the court insisted that they speak over the phone to Hany Babu himself, even as he is currently in a Covid isolation ward at GT Hospital. Earlier the court had asked that the hospital’s dean BG Chikhalkar be present in the virtual hearing of the plea. When the doctor informed the court that Hany Babu had been seen by an ophthalmologist and was feeling better, the court asked, “Can you arrange a phone call with the patient? You provide a phone to him immediately. You give us the number, we will call him up.” Prof Hany Babu’s counsel senior advocate Yug Chaudhry had earlier informed the Court that diagnosis for Mucormycosis (also known as the Black Fungus disease, being reported in many Covid-19 patients) was required as Babu has unknown eye infection, and had sought bail for the same.

While advocate JP Yagnik appearing for the State asked for more time stating he had “been served with this matter only today,” and that that since Babu was in the Covid ward it will take time, the court insisted that the doctor on the floor be asked, as “he must be having a phone.” Meanwhile, according to Live Law, NIA’s counsel Sandesh Patil said if Hany Babu was already being treated, “all the prayers have been taken care of in GT hospital,” adding that there was “no question of interim bail.”

The proceedings, being followed on social media then got interesting, as the Court spoke directly to Hany Babu. The judges asked, “Can you hear us? How is your eye?” Hany Babu replied that his eye was slightly better. The Court asked him if he was getting treatment? And more importantly if he was “satisfied with the treatment?” When the doctor holding the phone tried to answer on Hany Babu’s behalf the court interjected firmly, “ask HIM to say it,” reported Live Law. Hany Babu replied with a simple, “Yes I am satisfied.”

The Court asked Babu’s counsel Advocate Yug about which hospital will take him as a Covid positive patient, “and treat his eye infection as well” The lawyer suggested Breach Candy, based on his own experience. Even though ASG Anil Singh for the NIA said the treatment should be at JJ or Nair hospital, “lest this becomes a precedent”. Here the Court dropped another affirmative statement saying, “There is no harm in this becoming a precedent in these times. We are not asking the state to bear the expenses,” adding that Hany Babu’s “family deserves the satisfaction of the patient being treated in their choice of hospital.”

According to Live Law, the Court has put on record “that Hany Babu is suffering from an eye infection which significantly endangers the brain.” It also put on record that he was earlier in JJ hospital, and then had to be transferred to GT Hospital. “Since the doctors expressed their helplessness that they are not equipped to examine the ophthalmic artery, but the same is available in JJ Hospital. The patient cannot be expected to be transferred from one hospital to another for carrying out tests, as he has already been transferred,” stated the Court and ordered that he be sent to Breach Candy hospital as suggested by his lawyer, and that the family of Hany Babu was willing to foot the bill of the treatment at the private hospital.

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. They also requested a complete copy of Hany Babu’s medical documents and along with regular updates on every development regarding his health. 

Citizens for Justice and Peace (CJP) has launched an online petition to free Hany Babu. The CJP has urged and requested the Chief Minister and Home Minister, Maharashtra to immediately direct Professor Babu’s release in order for him to avail necessary eye treatment that he is entitled to. Join CJP’s in demanding his release. Sign our Change.org petition here.

The order may be read here:

Related

Bombay High Court to hear plea for release of Hany Babu for 
CJP approaches Maharashtra Gov’t for release of BK-15
Release Hany Babu: Professor tests Covid positive, eye infection gets worse
Covid-19 a virtual death sentence, new persecution tool against Bhima-Koregaon accused

The post Transfer Hany Babu to Breach Candy hospital by tomorrow: Bombay High Court appeared first on SabrangIndia.

The Bombay High Court will hear the plea filed for release of Prof Hany Babu for urgent medical attention at 3 P.M today, May 19. Babu’s counsel senior advocate Yug Chaudhry has approached a vacation bench comprising Justices S J Kathawalla and S P Tavade, and informed the Court that diagnosis for Mucormycosis (also known as the Black Fungus disease, being reported in many Covid-19 patients) was required as Babu has unknown eye infection.

#BombayHighCourt to hear plea filed for release of #ElgarParishad accused Hany Babu for urgent medical attention at 3 pm today.

Adv Yug Chaudhry informed the Court that diagnosis for #Mucormycosis (Black Fungus disease) was required as Babu has unknown eye infection.@hanybabu pic.twitter.com/r3FJNzvjeX

— Bar & Bench (@barandbench) May 19, 2021

Advocate Chaudhry has told the HC, “Hany Babu is suffering from eye infection due to the black fungus. For nine days he suffered in jail” reported The New Indian Express. According to Advocate Chaudhry Prof Babu “is in the GT Hospital. He is being treated only for Covid-19 and not the eye infection. He may lose his eyesight. He is an academician.” The bench then directed the GT Hospital’s dean to remain present before the court via video-conferencing at 3 P.M on Wednesday, stated the news report.

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 wife Dr Jenny Rowena learnt about it at around 7:30 PM at JJ Hospital in Mumbai. Earlier, she received a call from Taloja prison, regarding the hospital admissions. However, officials did not inform her either about the diagnosis, treatment being administered nor the time of his admission. The anxious family said they repeatedly asked about Hany Babu’s CT count, vital statistics or any other test-result information, but to no avail. 

Already the professor has little to no vision in his left eye due to the swelling that spread to his cheek, ear and forehead compromising other vital organs and posing a significant risk to his life if it spreads to the brain. Moreover, acute water shortage in the prison compels him to dress his eye with soiled towels, without washing the infected eye.

His family appealed to the Maharashtra government to shift Hany to a multi-speciality hospital with required expertise and facilities, for the best possible treatment in his present condition. They also requested a complete copy of Hany Babu’s medical documents and along with regular updates on every development regarding his health. According to brother Dr Harish Tharayil, the family is also waiting for official information from the prison and the National Investigation Agency (NIA).

“The thought of Hany having to beg for something as basic as essential health services is heart wrenching. It is abject injustice that Hany should have to suffer repeatedly due to the negligence of state officials. We are dealing with an opaque and callous system which is deaf to our cries and blind to our pain,” said Hany’s mother Fathima.

Citizens for Justice and Peace (CJP) has launched an online petition to free Hany Babu. The CJP has urged and requested the Chief Minister and Home Minister, Maharashtra to immediately direct Professor Babu’s release in order for him to avail necessary eye treatment that he is entitled to. Join CJP’s voice in demanding his release. Sign our Change.org petition here:

Advocate Chaudhry has also told the court that Hany Babu is at risk of losing his eye-sight. The plea which will be heard at 3pm today seeking urgent medical attention for him. “The Modi regime, under pretext of arrest and detention under UAPA, wants prisoners of conscience to die in prison,” posted CPIML Politburo member, Kavita Krishnan

Adv Yug Chaudhry submits that #BhimaKoregaon political prisoner DU Associate Prof #HanyBabu is suffering from #BlackFungus and may lose his eye-sight.#BombayHighCourt agrees to hear a plea at 3pm seeking urgent medical attention for Babu. https://t.co/5oOzTrkOkS

— Kavita Krishnan (@kavita_krishnan) May 19, 2021

Related

CJP approaches Maharashtra Gov’t for release of BK-15
Release Hany Babu: Professor tests Covid positive, eye infection gets worse
Covid-19 a virtual death sentence, new persecution tool against Bhima-Koregaon accused

The post Bombay High Court to hear plea for release of Hany Babu for urgent medical care appeared first on SabrangIndia.

Bhima Koregaon-accused Hany Babu, in custody sans-trial since July 2020, was diagnosed as Covid-19 positive on May 13, 2021. The news came shortly after reports of the professor suffering a dire eye infection in Taloja jail.

Wife Dr Jenny Rowena learnt about her husband’s illness at around 7:30 PM at J. J. Hospital in Mumbai. Earlier, she received a call from Taloja prison, regarding the hospital admissions. However, officials did not inform her either about the diagnosis, treatment being administered nor the time of his admission. The anxious family said they repeatedly asked about Hany Babu’s CT count, vital statistics or any other test-result information, but to no avail.

As such, the family appealed to the Maharashtra government to shift Hany to a multi-speciality hospital with required expertise and facilities, for the best possible treatment in his present condition. They also requested a complete copy of Hany Babu’s medical documents and along with regular updates on every development regarding his health.

According to brother Dr Harish Tharayil, the family is also waiting for official information from the prison and the National Investigation Agency (NIA).

“The thought of Hany having to beg for something as basic as essential health services is heart wrenching. It is abject injustice that Hany should have to suffer repeatedly due to the negligence of state officials. We are dealing with an opaque and callous system which is deaf to our cries and blind to our pain,” said Hany’s mother Fathima.

India’s health sector and citizens are reeling from the force of the second wave of Covid-19. Persons with a high inflammation index, secondary infections, low immunity and co-morbidities are at much higher risk of death, noted family members in a press release. They argued that an ordinary Covid-hospital without a specialist ophthalmology department will be sorely ill-equipped to treat Hany Babu.

Already the undertrial prisoner has little to no vision in his left eye due to the swelling that spread to his cheek, ear and forehead compromising other vital organs and posing a significant risk to his life if it spreads to the brain. Moreover, acute water shortage in the prison compels him to dress his eye with soiled towels, without washing the infected eye.

Hany’s lawyer Payoshi Roy frequently sent emails and called prison authorities. Her email on May 6 resulted in a visit to the Vashi Government Hospital where he was prescribed anti-bacterial medication. However, Hany was not taken for the follow-up treatment two days later “due to lack of escort officers. He was finally taken to J.J. Hospital on May 12 after eight calls and another email by Roy on May 10, emphasizing the gravity of the situation.

“My family and I are desperate that Hany should receive the best possible treatment. We do not want to leave him at the mercy of a system that treats under trial prisoners with such cruel indignity and does not believe that it owes us the courtesy of even informing about Hany’s condition and treatment or that Hany and his family have a right to know and participate in his treatment,” said Jenny Rowena.

After pressure from human organisations like CJP, media and political leaders, Hany Babu was shifted to GT Hospital in Mumbai. But given how his eye infection is worsening her requires specialised care. Therefore, we appeal for his immediate release so that he can receive urgent medical care. Sign our petition to Maharashtra CM Uddhav Thackeray NOW!

Related:                  

Release Hany Babu from Taloja Jail to get proper eye treatment: CJP

Sign CJP’s petition to release political prisoners now!

Sign CJP’s petition to release Nodeep Kaur NOW

Sign CJP’s online petition to CJI Bobde to hold Kapil Mishra accountable for instigating the Delhi violence and prosecute him

The post Release Hany Babu: Professor tests Covid positive, eye infection gets worse appeared first on SabrangIndia.

Citizens for Justice and Peace (CJP) has launched an online petition to free Hany Babu, the 55-year-old Professor, who has been accused in the Bhima Koregaon case, has been in custody since July 2020 without trial.

Unfortunately, since May 3, he has developed an acute eye infection in Taloja Jail, with little or no vision in his left eye due to the swelling. It has also spread to his cheek, ear and forehead, and he fears that it will soon impact his brain. In agonising pain, he has also not been able to nurse his eye because of water shortage and with very little access to clean water, he is being forced to dress his eye with soiled towels.

Only after incessant calls and emails from his family members and lawyer, the jail authorities managed to take him to a Government Hospital in Vashi on May 7. But due to an alleged unavailability of an escort officer, he has not been taken to the government facility for a follow up treatment.

The email sent by his lawyer to the Jail Superintendent emphasises the gravity of the situation and that even a day’s delay may lead to an irreversible deterioration leading to partial or complete loss of sight, as well as a life-threatening complication if it affects the brain.  However, in a shocking display of State apathy, he has not been able to visit an ophthalmologist after May 7.

We have humbly urged and requested the Chief Minister and Home Minister, Maharashtra to immediately direct Professor Babu’s release in order for him to avail necessary eye treatment that he is entitled to.

Join CJP’s voice in demanding his release. Sign our Change.org petition here:

Related:

Sign CJP’s petition to release political prisoners now!
Sign CJP’s petition to release Nodeep Kaur NOW
Sign CJP’s online petition to CJI Bobde to hold Kapil Mishra accountable for instigating the Delhi violence and prosecute him

The post Release Hany Babu from Taloja Jail to get proper eye treatment: CJP appeared first on SabrangIndia.

Photo Courtesy: Facebook/Abha Dev Habib

Bhima Koregaon is a tribute to the strength of the Mahar community in their fight against the Peshwas and the memorial has been standing there for long. It is here that Baba Saheb Ambedkar used to come every 1st January. The Ambedkarites from Maharashtra and other parts of India visit this place every year and celebrate it. There are a few areasin which none can match the Ambedkarites. On the Dusshara day or on October 14^th, when Baba Saheb Ambedkar, with millions of his followers, embraced Buddhism, people gather in Nagpur to commemorate the event, which is one of the biggest congregations. Again, on December 6^th, which is Ambedkar’s death anniversary, people gather at Chaitya Bhumi in Mumbai where Baba Saheb was cremated. Also, on April 14th, crores of Bahujan Samaj people celebrate Ambedkar Jayanti.

The question is – who was responsible for Bhima Koregaon violence, when it is a well-known fact that it is an annual function or celebration which is spontaneous in nature and where a majority of Ambedkarites visit.

Police has the right to investigate things but it cannot harass people, raiding their homes and taking away their intellectual wealth. It is sad that despite the arrest of a number of people, there is no formal chargesheet.

In today’s world, when you have huge digital data, you can get mails from a diverse group, you may be a member of various discussion groups, sometimes you don’t follow, you may receive phone calls from different people, many of whom you may not even know, but based on these things, if the police and the agencies create an environment of intimidation and harassment, then it must be stopped.

We know that this government has decided to call people terrorists before they could prove it. The onus lies on the individuals to prove the contrary. This is such a mental trauma, which only the individual facing it and his or her family know about. It is time for the Supreme Court to prove its mettle and provide strong guidelines in relation to such searches by a state police in another state. There was a time when it was difficult for a state police to enter and do the searches in other state, but it seems that now, it has become a norm.

It is sad because this is nothing more than an attempt to stop ideas from flourishing. Courts have clarified many times that a difference of ideas from the state does not amount to being anti-national. If an idea does not promote animosity among communities or waging a war against the state, it is no crime. Definitely, we all know that the unity and integrity of India is paramount, but equally important are the rights of the people. It is because of the choice of the Indian people to live together as a nation that we are a strong nation. It is not the state or power which keeps us together, it is our commitment to certain common values which bind us together. Interestingly, those who are openly calling for mob lynching, elimination of minorities and their deportation are roaming free and police does not find any evidence against them even when they are caught red handed.

Discrimination and biases among our fellow citizens will not make this country great. It will flourish only when diverse ideas are allowed to roam and we critique them. It is not necessary for us to agree on everything. India grew because our founding fathers realised the immense power of its people and strength in its diversity. Attempt to homogenise thought processes, ideologies, eating habits or culture of this great country, will only be detrimental to the integrity of the nation. Hope those in power realise that diversity of ideas and culture is our strength, and not our weakness. Academic institutions and academics must allow questioning and freedom of thought, so that we have children who can question wrongs and have the power to speak the truth to those in power. But, it seems, those in power are frightened of the independence of thoughts and ideas. Still, we have no option but to keep uniting and joining our hands in our common struggle to protect our secular, liberal constitution and the unity and integrity of the country from those who want to destroy it by trying to homogenise it.
 
RELATED ARTICLES

1. Years of hard work taken away: DU Professor on Pune police raids without search warrant
2. Stop this attack on democracy and human rights defenders
3. Rights organisations urge Mumbai to rise and save democracy in light of activists arrest
4. JNU lecture upheaval, Speaker changed by School of Social Science
5. Stay against ‘Inquiry’ against 48 Teachers at JNU for attending Protests: Delhi HC

The post Diversity and Freedom of Thought will make India Strong appeared first on SabrangIndia.

On September 10, at around 6.30 am the Pune police accompanied by Noida police raided the house of Dr. Babu. Reportedly, the police said that they didn’t need a search warrant since this was in connection with the Bhima Koregaon case. Dr. Babu’s house was searched for several hours and the police took away all electronic devices, laptops, pen drives, mobile phones, etc.

The police team comprised Assistant Commissioner of Police (Swargate division) Shivaji Pawar, the investigating officer in the case along with Deputy Commissioner of Police (crime) Bachchan Singh and others.

A Facebook post on Tuesday by Ms. Jenny Rowena, Babu’s wife and a professor herself, read: “Today, the Pune police entered our house at 6.30 in the morning. They said that Hany Babu (my husband) who teaches at Delhi University English Department, is involved in the Bhima Koregaon case and for this they could search the house without a search warrant. They searched the house for up to six hours, took three books and his laptop, phone, hard disks and pen drives. They just left now. (Sic)”.

Dalit Bahujans gathered in thousands at Bhima Koregaon memorial to celebrate the bi-centenary of the battle of Bhima Koregaon were attacked allegedly by members and supporters of Hindutva supremacist groups on January 1, 2018. Various sections of the society came out in protest across Maharashtra.

Various reports, including one by SabrangIndia, suggested that police bandobast at the memorial was inadequate. But in the aftermath of the violence the police unleashed a massive combing operation against Dalit-Bahujans and conducted several raids and arrests the legality of which is disputed.

The first FIR registered in this regard named Hindutva leaders Manohar Bhide and Milind Ekbote as the instigators of violence. But they remained scot free. Meanwhile, the Maharashtra police unleashed a reign of terror in the form of raids and arrests on human rights defenders. What is more insidious is the subsequent charging of all the people especially human rights activists under the draconian UAPA. 

Protest in solidarity with Prof Hany Babu

On June 6, 2018 poet, activist Sudhir Dhawale, Adv. Surendra Gadling, Prof. Shoma Sen, Mahesh Raut and Rona Wilson were arrested in a massive crackdown. All arrests were allegedly made in connection with the Bhima Koregaon violence.

On August 28 activists Gautam Navlakha, Vernon Gonsalves, Arun Ferreira, trade unionist and lawyer Sudha Bharadwaj and Telugu poet Varavara Rao, had been ­arrested as a part of what is being seen by civil society groups as a state sponsored nationwide crackdown on dissenting voices. The houses of several other activists including Susan Abraham, Sta­n Swamy and Anand Teltumbde were also raided. On February 2, 2019, Teltumbde was arrested for a day and then let off and his application is pending before the Bombay HC.

Dr. Babu’s wife, Jenny Rowena also teaches in the English Department of Miranda House, University of Delhi.

A statement written by students of English department of Delhi University highlighted Dr. Babu’s penchant and commitment towards breaking the hegemony of certain languages including English. It said, “Given how much Hany Babu cares for language equality and the inalienable right of every language in the Union of India to advance, it is indeed shocking that the Indian state has harassed such an individual.” It added that though Dr. Babu taught in the English department, he understood the “immense power” the English language carried with itself. He helped students understand how the language can cause exclusions.

Importantly, the statement noted, “Hany Babu’s demand for language equality is allied to his demand for breaking caste exclusions in how knowledge is organised,” as Babu is also part of the Alliance for Social Justice, a forum for opposing caste discrimination in the university.

Highlighting the illegality of the raid and search operation, a statement said, “Such raids without search warrants are against the very essence of democracy, individual freedom, and open the door for planting evidence. Arbitrary use of instruments of the state to harass and intimidate dissent is inexcusable. Such intolerance towards criticism and dissent was the basis for the insidious attempt that was made last year to amend the Delhi University Act and apply ESMA. We demand an immediate end to such blatantly threatening postures towards voices of dissent and democracy. This attack on academic freedom and freedom of expression will be opposed tooth and nail by the teachers of Delhi University and other academic institutions in the country.

Dr. Babu in a Twitter statement said, “As a teacher, my work is heavily dependent on the material I have saved on my laptop and hard disk. It also contains the research work I have been pursuing for years. This is not something that can be duplicated. This is years of my hardwork.” This is a gross violation of Dr. Babu’s rights and can only be construed as “intimidation and harassment by the Pune police, and, by extension, the current government in power, to silence activists, professors and other citizens who support human rights in this country.”
 

The post Years of hard work taken away: DU Professor on Pune police raids without search warrant appeared first on SabrangIndia.

The unending trial of democracy and unremitting assault on the Constitution and rule of law, in the name of Bhima-Koregaon, and the McCarthy-style With-hunt and victimisation of constitutionally minded academics and citizens questioning anti-democratic actions of the government in the Bhima Koregaon case continues unabated.

The latest incident occurred today, in the morning of 10 September 2019 when the house of Dr. Hany Babu was raided by a contingent of Pune Police between 6:30 am and 12:30. As Dr. Hany Babu lives in Noida, the Pune contingent was accompanied by the local UP police as well. The raiding team was comprised of DCP Crime Branch Bachchan Singh, ACP Shivaji Pawar, cyber experts, the UP Police from Sector 49 led by the SSP of Gautambudh Nagar. ACP Shivaji Pawar claimed to be the Investigating Officer of Bhima-Koregaon case. They searched the entire house and took away all electronic devices, laptops, pen drives, mobile phone, etc., belonging to Prof Babu. They even seized the documents related to his everyday teaching, such as student assignments, timetable, etc.. Furthermore, they locked him out of his email and other internet facilities.

It is significant that no search warrant was produced by the police when they raided Dr Babu’s house. On being asked by Dr Babu about the legality of the raid, the police retorted that they did not need to explain their actions to him. At the time of the search Dr Babu’s wife and child were present in the house. The police, including the UP police were very intimidating, and compelled Dr Babu to permit this illegal search of his home.

According to the statement issued by the Pune police, “the search was conducted …under Section 153(A), 505 (1)(B), 117, 120 (B), 121, 121 (A), 124 (A), 34 IPC and Section 13, 16, 17, 18, 18 (B), 20, 38, 39, and 40 UAPA 1967”. The range of charges, and the nature of the material seized (material on the Defence Committee for the Release of Dr G N Saibaba, of which he is a member) suggest that the state is on a fishing expedition, and hopes to incriminate Dr Babu one way or the other. The aim is also to send a chilling warning to others who may want to question the arbitrary and vindictive action of the Pune / Maharashtra police.

Dr. Babu has been with the English Department of the University of Delhi for more than a decade. He has been actively campaigning for the release of Dr G N Saibaba. It may be recalled that the deeply controversial arrest of Dr Saibaba was preceded by a similar set of illegal and intimidatory actions.

Dr Babu is also a prominent social justice activist academic of Delhi University. He has raised many issues pertaining to Dalits, other socially marginalised groups and minorities in the University. Dr. Babu has been actively fighting for the implementation of reservations of SC/St and OBC students for a long time. He has also been active in the teachers’ struggles against the privatisation of higher education. To enable his work in social justice, he even completed a degree in Law from the University of Delhi.

What is shocking is that the police officials seized the phones of Dr. Babu’s family members to prevent them from calling their lawyers and friends throughout the grueling 6 hours of the raid. PUCL strongly condemns such blatant abuse of law and high handed action of the Pune police.

Such actions and tactics on the part of the state, blatantly trample on the constitutional rights of citizens, and amount to state terrorism. Nothing else can be deduced from such arbitrary raids in the name of investigating Bhima-Koregaon incident. Dr. Babu has absolutely no connection with Elgaar Parishad. The main accused belonging to the saffron brigade, Sambhaji Bhide and Milind Ekbote, against whom there was a clear indictment by the initial inquiry conducted by the Pune Rural Police itself, are roaming free. Thanks to misuse of police machinery, which is distressingly compromised under the BJP-RSS led government in Maharashtra, the organisers of the peaceful meeting were targeted and one of them arrested. This so-called investigation has instead, taken turned into a witch hunt in which many human rights defenders, from all parts of the country, have been gradually turned into “accused” or “suspects” in the Bhima-Koregaon case, and have been peremptorily arrested and are now languishing in prison.

Mr. Ravi Kiran Jain, National President, PUCL

Dr. V. Suresh, National General Secretary, PUCL

Courtesy: Counter Current

The post Stop the McCarthy style witch hunt of Academics and Human Rights Defenders! appeared first on SabrangIndia.