A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik was hearing a PIL by Naee Roshni Social Organisation filed by advocate Sahood Anwar Naqvi. (File)Justice Revati Mohite-Dere of the Bombay High Court on Wednesday recused herself from hearing pleas by Elgaar Parishad case accused Hany Babu and Gautam Navlakha. In 2019 as well, Justice Mohite-Dere had recused herself from hearing matter connected to the Elgaar Parishad case.
Babu has approached the HC seeking bail after a special NIA court rejected his plea in February. Navlakha has also filed a plea seeking to make telephone calls to his family from Taloja Central Prison in Navi Mumbai. “Not before the bench of which Justice Revati Mohite-Dere is a member,” the HC noted on Wednesday.
An appeal filed in April by Hany Babu – a Delhi University associate professor – challenging rejection of his bail plea by the special court, was listed before a division bench of Justice Mohite-Dere and Justice V G Bisht on Wednesday. Last month, the vacation bench of the HC had asked Babu’s lawyers to approach the regular bench.
The special court, in its order, had said that there is prima facie evidence that Babu was “actively involved” in the activities of the banned organisation CPI (Maoist). The court had relied on National Investigation Agency’s (NIA) submissions that Babu was part of a committee formed for the defence and release of G N Saibaba, convicted for having Maoist links.
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Babu, was arrested by the NIA in 2020, was booked on charges including criminal conspiracy under the IPC and the UAPA.
In his appeal moved before the HC through advocates Yug Mohit Chaudhry and Payoshi Roy, Babu has said that there was no evidence against him to suggest that he intended to or supported activities causing disaffection against India and that there was no material to charge him under the UAPA.
Co-accused Gautam Navlakha, meanwhile, had on Monday moved HC seeking among other things, access to telephone at Taloja jail, where he is currently lodged. Another bench of HC, led by Justice S B Shukre, had on April 26 dismissed Navlakha’s plea seeking transfer from Taloja jail to judicial custody in the form of house arrest, alleging denial of basic medical care and other necessities. Apart from Justice Mohite-Dere, in the past, Justice N W Sambre, Justice P B Varale, Justice S S Shinde and Justice Sadhana S Jadhav had also recused themselves from hearing certain Elgaar Parishad matters.
With Justice Mohite-Dere’s recusal from hearing the case, the defense lawyers will have to move an alternate bench or again approach the chief justice to get the matters assigned to a new bench.
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