The Bombay High Court on Thursday said Prof. Hany Babu, accused in the Bhima Koregaon case, will continue to receive treatment at the Breach Candy Hospital till June 15.
On May 19, Prof Babu was directed to be shifted to the private hospital to treat an eye infection after testing positive for COVID-19. On Thursday, a Division Bench of Justices S.S. Shinde and Abhay Ahuja was given a copy of the medical report from the hospital that said, “He is ready for discharge but continues to have the eye infection and he will have to undergo a MRI test again in two weeks.”
Relying on the report, advocate Yug Chaudhry, appearing for Prof. Babu’s wife Jenny Rowena, urged that Prof. Babu may continue to be in the hospital.
Prof. Babu was arrested on July 28, 2020, from his residence in Delhi and has been incarcerated in the Taloja Central Jail.
The court said, “We cannot force the hospital to keep the patient if they have said he is ready to be discharged. If you want further care, we will direct him to be admitted to JJ Hospital.”
However, Mr. Chaudhry urged the court to send him home and keep him under house arrest.
The court then commented on a column written in The Indian Express by Mr. Chaudhry’s associate Payoshi Roy on Father Stan Swamy. It is titled, ‘Is Stan Swamy not entitled to even a medical bail hearing?’ and was published on May 27.
The Bench remarked, “You are representing three of the accused in this case (Bhima Koregaon). By writing these articles you show that you have no faith in the system. How can you assist us as an officer of the court then? You cannot write about matters that are subjudice. It is not ethical or professional. This is a way to pressurise courts. We are not against freedom of speech and expression.”
The court then said, “If the hospital is ready to continue with the treatment, we don’t have a problem.” Mr. Chaudhry said the family will continue to bear the expenses.
The National Investigation Agency’s counsel Sandesh Patil said Prof. Babu should be shifted to the State-run JJ Hospital.
The court directed a team of doctors to examine Prof. Babu and submit a report on June 14. The matter will be heard on June 15.
