The Supreme Court of India declined urgent listing of Hany Babu’s plea in the Bhima Koregaon case, asking for clarification on bail rights after withdrawal from apex court. Explore the legal timeline and implications.

Supreme Court Declines Urgent Listing of Hany Babu’s Bail Clarification Plea

On June 23, 2025, the Supreme Court of India refused to urgently list a bail clarification plea filed by Hany Babu, a former professor at Delhi University and an accused in the high-profile Bhima Koregaon case.

Request for Clarification on Bail Rights

The application sought clarification from the apex court on whether Babu could approach the Bombay High Court for bail, following the withdrawal of his petition from the Supreme Court. However, the bench comprising Justice KV Viswanathan and Justice NK Singh denied scheduling the matter during the court’s vacation session, stating it would be taken up after reopening.

Counsel Cites Precedents and Delays

Babu’s counsel highlighted that several co-accused in the case had been granted bail either on merit or due to prolonged custody. The defense argued that the urgency stemmed from the legal ambiguity following the withdrawal of the Special Leave Petition (SLP) earlier in May 2024.

The Bombay High Court had, on May 2, 2025, directed Babu to seek clarification from the Supreme Court regarding his right to approach the High Court for bail, prompting the submission of this plea.

Supreme Court Questions Delay in Filing

Justice Viswanathan questioned why the plea had not been filed during regular working days between May 2 and May 23. “You needed to demonstrate a sense of urgency and submit your filing punctually,” he noted. The court emphasized that urgent listings are typically granted when filings reflect genuine immediacy.

In response, Babu’s counsel attributed the delay to time taken in acquiring certified copies. Justice Viswanathan remarked that in urgent cases, listings have been allowed even without certified copies—a common practice known among legal professionals.

Background: Arrest, Custody, and Legal Battle

Hany Babu was arrested by the National Investigation Agency (NIA) in July 2020 under the Unlawful Activities (Prevention) Act (UAPA), for his alleged links to Maoist groups. The Bombay High Court denied him bail in September 2022.

In May 2024, Babu withdrew his SLP from the Supreme Court, citing changed circumstances and expressing his intent to seek bail through the High Court instead.

High Court Demands Supreme Court Clarification

Despite the withdrawal, the Bombay High Court ruled that the Supreme Court’s permission to withdraw the plea did not inherently preserve his right to seek bail again. Consequently, Babu was required to obtain formal clarification from the Supreme Court to proceed.