Transfer Hany Babu to Breach Candy hospital by tomorrow: Bombay High Court

Image Courtesy:livelaw.in

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: