"We have huge respect for his service to society, conceded to every request; never anticipated this (death):" Bombay High Court on Stan Swamy

The Bombay High Court Bench of Justices SS Shinde and NJ Jamadar said on Monday that the death of Stan Swamy came as a shock to them and it was not anticipated.

. The Bench said that it had huge respect for the work Swamy was doing while also reminding that it had conceded to every request made by Swamy's counsel Mihir Desai.

The Court also reminded that it was the same Bench which had granted relief to Varavara Rao, another accused in the Bhima Koreagon case.

. " No one says this is the bench which granted bail to Dr. Varavara Rao. We permitted Rao's family to meet him during his stay in his hospital. We have always conceded to every request which has been made by you (Desai). When you approached the Court for transferring Swamy due to his medical condition, we conceded."

Justice Shinde added, "When we heard the news, we were also shocked and sad about what happened. This is unfortunate and we also did not anticipate this to happen. We could not record in our order what we felt, but we cannot convey how we felt."

.Despite our best efforts, Father Stan Swamy could not be saved: Bombay High Court condoles activist's death. While reiterating how he avoided watching TV and newspapers and generally had less time for himself, Justice Shinde told Desai that he watched the funeral.

"I knew about the time of the funeral, so I watched. And it was conducted in a dignified manner and graciously. It was graceful and the manner in which everyone spoke, so much honour and dignity..."

.Judges do not watch Television or track Twitter, come to court with "fresh minds": Bombay High Court. Justice Shinde also spoke about Swamy's work and how he appreciated his service to the society.

"We have every respect for his work in the society. Whatever is happening legally is another matter, but we have huge respect for his service to the society."

Having said so, he later on pointed out the limitation the Bench had as a Court, due to the provisions of the Unlawful Activities (Prevention) Act.

"The Supreme Court also clarified that the Delhi High Court order is limited to the facts of that case," Justice Shinde added.

. The Court was hearing Swamy's bail appeals challenging the orders of the Special NIA Court refusing him bail.

. The Bench recollected that after Swamy's death was informed by Dr. Ian D'Souza, medical director of Holy Family Hospital, Desai had clarified that he had no grievance against the hospital or the Courts.

Desai assured the Court that he stood by his statement.

He further added for the record that "he was satisfied with every High Court bench which had heard Swamy's matters in the past."

When the Court appreciated his gesture and expected more counsel to speak up like him, Desai assured the Court that when the other lawyers in the matter like Senior Advocate Anand Grover had written about the incident in international articles, he had also appreciated the efforts of the High Court.

. Desai submitted that he had only limited reliefs in the matter:

To permit Father Fraser Mascarenhas to participate in the Magistrate enquiry being conducted in the custodial death of Swamy.

To ensure that the enquiry report is shared so that the same can be monitored and it is conducted in compliance with the law and procedure.

. When Advocate Sandesh Patil appearing for National Investigation Agency opposed the reliefs sought by Desai, he stated that the reliefs were being sought to pin the blame on the jail authorities and NIA and they were being raised in a proceeding, the scope of which had come to an end.

. While the Court clarified that NIA was entitled to object, it asked Patil to take instructions on the ongoing trial in the Special NIA Court.

"We were informed that the charges have also not been framed in the case. How many witnesses are there. You will argue the matter and leave. But we have to answer. For how many years without trial can people be asked to languish in jails? Speedy trial is a fundamental right"

. The matter has been posted for hearing on July 23, 2021.

"We have huge respect for his service to society, conceded to every request; never anticipated this (death):" Bombay High Court on Stan Swamy

Neha Joshi

Related Stories