Elgar Parishad Bhima Koregaon case: Former Delhi University professor Hany Babu walks free after 5 years

Former Delhi University associate professor and social justice advocate Hany Babu Tharayil was released from prison this week after more than five years of incarceration in the Elgar Parishad Bhima Koregaon case. His release followed an order of the Bombay High Court granting him regular bail, observing that his continued detention without a completed trial or framed charges violated his constitutional right to liberty.

Babu, who taught English and linguistics at Delhi University, is known for his work on language rights, caste justice and academic freedom. Before his arrest, he was widely regarded as a scholar who encouraged critical thinking and supported campaigns for marginalised communities.

He was arrested by the National Investigation Agency (NIA) in July 2020 under the Unlawful Activities (Prevention) Act (UAPA). The agency accused him of having links with banned Maoist groups and participating in an alleged conspiracy connected to the violence that broke out near Bhima Koregaon in January 2018. Babu has consistently denied the charges, asserting that he was targeted for his academic and rights-based work rather than any criminal activity.

During his five years in Taloja Central Jail, Babu faced multiple health challenges, including COVID-19 and a severe eye infection that required hospital intervention. His wife, academic Jenny Rowena, repeatedly raised concerns about his medical condition and the strain of long term imprisonment on the family. Support campaigns by students, scholars and civil liberties groups in India and abroad continued throughout his custody.

The court, while granting bail, stated that detention cannot be indefinite when the trial remains stalled. However, the bail order does not amount to acquittal. The case will continue, and the NIA may still challenge the decision in the Supreme Court.

Babu’s release has renewed debate about the application of India’s anti-terror laws, particularly when trials extend over years without conclusion. Civil liberties groups have welcomed the court’s decision as a step toward rebalancing constitutional protections and due process.

For now, Hany Babu returns home after five years but the legal and public debate around his arrest, activism and the case remains far from over.