There is prima facie material to show the involvement of Delhi University professor Hany Babu, arrested in the Elgar Parishad-Maoist links case, in furthering the activities of banned terror organisation Communist Party of India-Maoist that has been bent upon ending Modi raj (Modi government's rule), a special National Investigation Agency court said in its detailed order rejecting his bail plea.
Special Judge D E Kothalikar, assigned to hear cases of the NIA, had, on February 14, rejected the bail plea of Hany Babu, and the detailed order was made available on Monday.
The court in its order referred to a letter that the NIA alleged was exchanged between co-accused Rona Wilson and one Prakash.
"The contents of the letter prima facie speaks that the CPI-Maoist was bent upon ending Modi raj, ie, the Modi-led government. Not only this, they were also thinking to go for another incident like the death of Mr Rajiv Gandhi, by targeting the road shows of Mr Modi," the court said.
In the order, judge Kothalikar said if the allegations are taken into consideration in a proper perspective, then there would be no hesitation to prima facie conclude that the accused have committed an act to threaten the unity, integrity, security and sovereignty of India.
The court said it was worthy to note that pamphlets distributed calling for the release of GN Saibaba, also accused of being a member of the banned CPI-Maoist, contained the mobile number of Babu.
"This is prima facie sufficient to show the involvement of the applicant in furthering activities of the CPI-Maoist," the order said.
It further said the letters exchanged by the co-accused in the case, that have been submitted by the NIA, prima facie suggests the link of Babu with the co-accused.
"In my view, if the material (submitted by the prosecution) is taken into consideration, there would be no hesitation to prima facie conclude that the applicant (Babu) was actively involved in the activities of the banned organisation," the court said.
"The prosecution has also claimed the applicant and the co-accused conspired to further the ideology of the CPI-Maoist and that they had abetted the act of waging war against the government of India, brought into hatred and caused disaffection towards the government and, thereby, promoted enmity between groups on the ground of religion, caste or community," the order said.
Babu was arrested on July 28, 2020 from his residence in Delhi and is presently lodged at the Taloja prison after being charged under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act for his involvement in the Elgar Parishad-Maoist links case.
The prosecution's case is that Babu was a member of banned terrorist outfit the CPI-Maoist and that he was involved in raising funds to help other members of the group.
Babu in his bail plea had said there was no material to suggest he caused disaffection against India or committed an act that disrupts the sovereignty or integrity of the country.
The NIA, however, opposed his plea and argued that Babu was not just a passive member but an active member of the outlawed CPI-Maoist.
