#BombayHighCourt will shortly hear the writ petition filed by #ElgarParishadcase accused Hany Babu's wife, Jenny Roweena, seeking his bail on medical grounds.

Hearing before Bench of Justices SS Shinde and Abhay Ahuja.

#BhimaKoregaon
Court had extended Babu’s stay in the private hospital till today to peruse the report submitted by the hospital.

#ElgarParishadcase

The court had directed for Babu’s transfer to Mumbai’s Breach Candy Hospital from Taloja jail on May 20, 2021.

barandbench.com/news/litigatio…
Hearing begins.

#ElgarParishadcase
Adv Yug Mohit Chaudhry appears for Babu’s wife.
Adv Sanesh Patil appears for NIA
APP JP Yagnik appears for jail authorities.

Chaudhry: Would milords like to go through the report?

#ElgarParishadcase
Court: We are not experts in this field. They are saying he can be discharged.

Chaudhry: That is not my submission. There is something known as ‘critical care’ which is required for hospitalisation, which he clearly does not.

#ElgarParishadcase
Court: We cannot direct the hospital to keep him when he does not require critical care.

Chaudhry: Let him be discharged no problem. But my only submission now is to seek house arrest which is recognised by the Supreme Court.

#ElgarParishadcase
Court: Unless we hear this on merits, we are not going to pass any order. The charges are on UAPA.

Chaudhry: I am only asking for him to not be sent back to jail.

#ElgarParishadcase
Court: We are only saying JJ hospital, not jail.

Chaudhry: Then why can he not be kept in the Breach Candy?

#ElgarParishadcase
Chaudhry: He can rent a room and stay in Bombay.

Court: Then why not in JJ hospital.

Chaudhry: Because he has been treated in Breach Candy. I am agreeable to be kept in the JJ Hospital if not in Breach Candy.

#ElgarParishadcase
Court: If Iou or your associate feel that you can write articles in the papers that you do not have faith in the judiciary.. when you are appearing in the matter… then that is not right.

Chaudhry: I am not understanding what your lordship is saying..

#ElgarParishadcase
Chaudhry: Is your lordship saying that I cannot express my opinion and criticise the court?

Court: No we are not saying that. You write articles that there is no faith in the system, and then you are approaching the court..

#ElgarParishadcase
Chaudhry: I humbly submit that I do not appear for Stan Swamy..
None from my chamber wrote that article.
Having said so, I submit that I will continue appearing before milords and continue to write as well.

#ElgarParishadcase
Court: These are all matters arising from same subject matter with similar reliefs… Writing in subjudice matters seems like a pressure tactic.

Chaudhry: Milords if I am appearing in a matter and I write about the same matter then I may be rebuked.. but..

#ElgarParishadcase
Chaudhry: It seems like milords are rejecting my prayer because of the article.. But I will continue exercising my right to free speech..

Court: No you are misunderstanding us. What we are saying, is we need your faith in the system, and our faith in you.

#ElgarParishadcase
Court: And we cannot grant house arrest till we hear the matter on merits.

Chaudhry: Then my only request is that he be kept in JJ hospital, he should not be sent back to the jail just yet. Till the next date of hearing.

#ElgarParishadcase
Chaudhry: The report says there are still issues in his optic nerve. We do not have a problem if the hospital is ready to continue.

#ElgarParishadcase
Court: Let us keep him in Breach Candy, we will request the hospital to submit another report.

#ElgarParishadcase
Court grants visiting rights to the mother, daughter and wife to visit Babu in the hospital.

#ElgarParishadcase
Hearing ends. Matter kept for hearing on June 15, 2021.

#ElgarParishadcase

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4 Jun
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@iam_juhi @DoT_India
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