[Bhima Koregaon] Not likely to jump bail, arrest malafide: Father Stan Swamy moves Special NIA Court for bail

83-year-old tribal rights activist and Jesuit priest, Father Stan Swamy has filed a bail application before the Special National Investigation Agency (NIA) court in Mumbai seeking release on bail from Taloja Central Jail where he has been lodged for his alleged involvement in the Bhima Koregaon case..In the application filed through Advocate Sharif Shaikh, Swamy's primary ground for seeking bail is that he is 83 years old and suffering from Parkinson's disease. To support his case, it has been pointed out that he was shifted to the prison hospital. He has contended that there is no risk of flight and jumping of bail in his case.."... he was not arrested during the long investigation lasting more than 2 years itself shows that he was never seen as a flight risk or someone who would tamper with evidence. It was a malafide arrest," the plea states..Swamy was arrested from his house in Ranchi on October 8 for his alleged role in inciting riots at Bhima Koregaon in 2018. He was later remanded to judicial custody and lodged in Taloja jail. .Some of the other grounds raised by Swamy in the plea are:.The NIA had allegedly not claimed that Swamy was present close to site of Bhima Koregaon when the incident took place. Purportedly, his name was not even a part of the original FIR. His name was claimed to have been added in a remand application in 2018 by the police as a "suspected accused".Nothing was found after two raids were subsequently conducted in Swamy's residence. In fact, the Pune Police had also stated on record in a plea filed by Swamy in Bombay High Court that the "they had no intention of arresting him, as he was not an accused."Swamy was not arrested despite having been interrogated twice in July and August of 2020, until he was arrested finally in October 8, 2020.Swamy apprised the court that the evidence allegedly relied upon by the NIA was correspondence with various people to seek legal aid for Swamy's organisation, Persecuted Prisoners Solidarity Committee (PPSC), which works for undertrial Adivasis and Dalits falsely accused as Maoists..... he was never seen as a flight risk or someone who would tamper with evidence. It was a malafide arrest.Stan Swamy's bail application .Swamy filed the fresh application after his bail plea citing medical emergency arising due to the COVID-19 pandemic, was rejected by the special court in October..Further, Swamy's application requesting that the NIA provide him a sipper or straw to drink water, which the NIA had allegedly confiscated when they arrested him, was also rejected by the special court on Thursday after the NIA informed the court that they had not seized the sipper or straw. .Swamy immediately filed a fresh application requesting the jail authorities to provide him a new sipper or straw at his own expense. .It was pointed out that he required a sipper or straw to drink liquids as he was suffering from Parkinson's disease which led to vigorous shaking of hands. Swamy also requested for warm clothes for the winter..The special court has now directed the jail authorities to report back to the court if Swamy did in fact need a stripper or straw for drinking any liquids. .The court also asked Shaikh to confirm if the straw or stripper has been prescribed to Swamy..The special court also directed the NIA to file their reply to the new bail application filed by Swamy. .The applications filed by Swamy are likely to be heard next on December 4, 2020.

[Bhima Koregaon] Not likely to jump bail, arrest malafide: Father Stan Swamy moves Special NIA Court for bail

Neha Joshi

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