IN ITS detailed order rejecting bail to Delhi University associate professor Hany Babu, a special court has said that there is prima facie evidence that he was ‘actively involved’ in activities of banned organisation, CPI (Maoist). The special court has relied on the submissions made by the National Investigation Agency (NIA) that Babu was part of a committee formed for the defence and release of G N Saibaba, convicted for Maoist links. Babu was arrested by the NIA in 2020 and booked under charges including criminal conspiracy and Unlawful Activities (Prevention) Act.
Special public prosecutor Prakash Shetty submitted to the court that a SIM card was found during the search of Babu’s home in 2019. Shetty said that the SIM card number was found on a pamphlet titled “The Structure of UAPA and the Question of Political Prisoners Day Long Convention -12.04.2018.” He said the pamphlet had the name of the committee formed for Saibaba’s defence and had the mobile connection number seized from Babu’s home.
“The same can be said to be sufficient to prima facie establish that the applicant was instrumental for the release of convict G N Saibaba, who was convicted for the activities of the CPI (M),” special Judge Dinesh E Kothalikar said in the detailed order made available on Monday.
Shetty also submitted that a letter addressed to wanted accused Prakash by co-accused Rona Wilson mentions “HB”. He claimed that HB is Babu and as per the letter, he was given the responsibility to coordinate protests to raise public opinion and in providing relief to political prisoners. Shetty also referred to a letter where it is claimed that a “Rajiv Gandhi-type incident” should be planned to end the Modi-Raj (PM Narendra Modi-led government).
The accused, including Babu, have submitted their electronic devices to a Supreme Court-led technical committee probing alleged unauthorised surveillance through Pegasus spyware, stating that they suspect their phones were infected.
In rejecting Babu’s plea, the court also relied on witness statements claiming that he and others were active in the Committee for Release of Political Prisoners and that he was its convener. It also said that Babu was in touch with another co-accused, Telugu poet Varavara Rao.
Babu’s lawyer D K Gaikwad had submitted that there was no evidence to even suggest that he intended to or supported a claim of cessation or caused disaffection against India so some sections of UAPA cannot be invoked against him. He submitted that the trial is yet to commence and it will take time to conclude as the NIA has cited over 50 witnesses and the chargesheet runs into 30,000 pages. Shetty said the prosecution cannot be held responsible for the delay as the accused have approached the Bombay HC and sought a stay.
This story first appeared on indianexpress.com
