[Bhima Koregaon] Kin of Stan Swamy moves Bombay High Court to clear "guilt" attached to Swamy’s name, restore reputation

Father Fraser Mascarenhas, kin of late Father Stan Swamy has approached the Bombay High Court seeking directions for an enquiry by judicial magistrate to clear late Stan Swamy's name of the charges which had been invoked against him by the National Investigation Agency (NIA)..The plea filed through Advocate Mihir Joshi stated that the “right to reputation” is recognized as a fundamental right under Article 21 of the constitution and hence sought to remove the guilt attached to Swamy.The plea was filed with specific reference to the order of special court which had denied Swamy bail while also making adverse observations against him.In his plea, Mascarenhas sought a declaration from the Court to “remove the odium of guilt attached to Swamy assigned to him by the special court under the National Investigation Agency (NIA) Act in the order rejecting Swamy’s bail application”."The odium of accusation against Swamy followed him to his grave," the plea stated.In the order, the special court had recorded that evidence gathered prima facie indicated that Swamy along with members of the banned organisation, Communist Party of India (Maoist) had hatched a serious conspiracy to create unrest in the entire country and to overpower the government, politically and by using muscle power.Swamy was refused bail with observations stating that the 'accusations against Swamy are prima facie true.“This amounts to a preliminary finding of guilt against the accused which must be cured in the present proceedings,” the plea in High Court stated..The present plea sought necessary directions to be issued with respect to the judicial enquiry under Section 176(1-A) of Code of Criminal Procedure.It was prayed that the inquiry into Swamy’s death ought not be limited to the immediate events which led to Swamy’s death, but should also include his health during his arrest, the care provided in prison and other hospitals.Through the petition, Mascarenhas requested the Court to exercise its parens patriae jurisdiction to ascertain the veracity of the claims that there was negligence by NIA and Taloja Central Prison towards Swamy's health..The plea also prayed for an order permitting Mascarenhas to participate in the judicial enquiry.Swamy was arrested from his house in Ranchi on October 8, 2020 for his alleged role in inciting riots at Bhima Koregaon violence in 2018. He was later remanded to judicial custody when he passed away on July 5, 2021.