Bhima Koregaon: Bombay High Court allows Hany Babu to undergo cataract surgery at Mumbai's Saifee hospital

The Bombay High Court on Friday allowed Delhi University professor Hany Babu, an accused in the Bhima-Koregaon violence case, to undergo cataract surgery at his own cost, in Mumbai's Saifee Hospital.

A division bench of Justices Ajay Gadkari and Prakash Naik while permitting him to undergo the surgery, ordered the Superintendent of the Taloja Central Prison to transfer him to Saifee hospital by Monday morning.

"He will undergo the cataract surgery in the hospital and will also undergo preliminary tests as regards his ailments of knee pain and abdominal pain. A report of the same would be submitted before this court by next date of hearing," the bench said.

The Court is likely to hear the matter again on January 6.

The Bench also allowed the accused to meet his close family members while in hospital.

"Only close family members be allowed to meet him in the hospital. He would be escorted by two constables throughout his stay in the hospital," the bench added.

Babu who has spent over 2 years in judicial custody moved the High Court last week seeking release from custody for a cataract surgery, treatment of his upper abdominal pain and osteoarthritis, at private hospital in Mumbai and post treatment recuperation at his own expense. 

However, on Friday, when the matter was called out, advocate Yug Chaudhary appearing for Babu told the bench that as of now he would not press the prayer for 3-months interim medical bail, which had been raised in the petition.

In his plea, Babu claimed that he had approached the prison authorities and the special court under the National Investigation Agency (NIA) Act for his health issues. However, he did not receive any response. 

In the meantime, he claimed to have lost his vision due to cataract and experienced acute and unrelenting pain in his stomach and knees. He apprehended that the cause of his abdominal pain could be gallstones or pancreatitis. 

He, therefore, said that to examine the pain, a proper consultation with a gastroenterologist and necessary diagnostic tests, and possible surgery might be required. 

He also claimed that osteoarthritis caused pain in his right knee which made daily chores challenging.

He approached the special NIA court in March this year seeking permission to be taken to JJ Hospital for consulting a gastroenterologist. 

He also sought admission to a private hospital at his expense for surgery, if required. 

The special judge directed that the accused be taken to JJ and sought a report from the prison authorities. 

The chief medical officer of Taloja prison then stated that Babu had been examined for his complaints and provided necessary treatment and medicine at prison hospital. 

The report stated that the petitioner would be referred to a government hospital as and when absolutely required. 

Babu then moved the High Court.