Dr Hany Babu, one of the accused in the so-called Elgaar Parishad Case was granted bail and released on 4th December 2025, after having spent well over 5 years in prison as a detenu [1].
Dr. Babu is said to have suffered greatly during the period of incarceration and is in the imminent danger of permanent visual impairment. The Bombay High Court granted him bail because the ccourt concluded that he had spent more than sufficient time incarcerated, and the trial which was directed to proceed expeditiously several months earlier had not done so. The National Investigating Agency had sought a stay on the order as it planned to appear in the Supreme Court, which was refused by the Bombay High Court. While some of the surviving accused in the same case have already been granted bail, some others continue to languish in prison.
The Elgaar Parishad case is one amongst many where draconian provisions of highly undemocratic laws such as the UAPA and other state laws, as well as powers granted to agencies such as the NIA are routinely used to suppress any kind of opposition to the policies and actions of the governments at various levels. These laws and powers are used to prevent even discussion on broad questions of civil rights, historical narratives and the like, leave alone dissent or opposition to violation of fundamental rights. It may be remembered that one of the accused in the case, an elderly Christian priest Fr Stan Swamy, was incarcerated under very harsh circumstances though he was suffering from various ailments, and even basic humanitarian needs such as a sipper for drinking liquids was denied. Ultimately Fr Stan died in prison even as his bail application was being heard in court.
Such black laws like UAPA have no place in a real democracy. Lok Raj Sangathan and several other organisations have repeatedly called for removal of these laws and provisions and sweeping powers granted to investigation agencies like the NIA.
It is our belief that the right to bail is a fundamental one. There is no justification for incarcerating people for years on end without trial, when the alleged offences are clearly political in nature. We welcome the bail granted to Dr. Hany Babu and wish him a speedy recovery and restoration of normal life after the essential loss of 5 precious years of his life spent behind bars without justification. We demand that all others who are similarly incarcerated should be freed on bail immediately.
[1] https://indianexpress.com/article/cities/mumbai/hany-babu-elgaar-parishad-case-gets-bail-10401516/
by BA and Venkatesh Sundaram
Image source: https://pixabay.com/photos/jail-prison-prison-wall-7323655/
