Bombay High Court permits Bhima Koregaon accused Hany Babu to be transferred to Breach Candy hospital at his own expense

The Bombay High Court on Wednesday directed the Maharashtra government to transfer Bhima Koregaon case accused Hany Babu to Mumbai's Breach Candy Hospital by May 20..The order was passed in the writ petition filed by Babu's wife Jenny Roweena, who sought his bail on medical grounds. After he tested positive for COVID-19 last week, Baby was transferred to the GT Hospital in South Mumbai. .The vacation bench of Justices SJ Kathawalla and SP Tavade asked the lawyers if there was a hospital where Babu could be treated for COVID-19 as well as for his eye infection. Advocate Yug Mohit Chaudhry, appearing for Babu, suggested that he be transferred to Breach Candy private hospital. He also pressed for temporary bail, so that his family who stays in Kerala could treat him properly. .Stating that it would not grant bail today, the Court clarified that it would be willing to shift Babu to a private hospital if he pays for his own expenses..Chaudhry argued that since Babu was in the custody of the State, it should be the State that foots the bill for providing the best possible treatment of its prisoner. "I can understand if I am being released on bail, then I can pay my expenses," counsel submitted.The Court, however, refused to accept this contention..Additional Solicitor General Anil Singh, appearing for the National Investigation Agency (NIA), opposed the request, stating that an order to this effect may end up becoming a precedent for other cases.The Court, however, remarked, "Let it set a precedent. We do not mind, especially in such cases. We have directed him to foot the bill of the hospital. We are not shifting him to Nanavati asking the State to pay the bill. That is also a precedent." .It was submitted by Chaudhry that Babu was not receiving proper medical attention in the hospital he was admitted in presently. He submitted that the infection had led to an inflammation near his eye and the same required MRI Angiography and specialised DSA procedure.Chaudhry submitted to the Court that Babu's symptoms possibly indicated Mucormycosis (black fungus), a fungal infection that was fatal by itself.He further added that the diagnostic tests had still not been conducted on Babu as the hospital was not equipped to conduct the tests. .The Court directed Breach Candy Hospital to submit Babu's medical reports to it by June 9. The Court also added that Babu may be discharged before June 9 if possible, and the reports be submitted to the Court before that.