[Bhima Koregaon] Under the garb of aiding tribal community, Stan Swamy worked towards Maoist agenda: NIA to Bombay High Court

The National Investigation Agency has opposed the appeal filed by Bhima Koregaon accused Father Stan Swamy in Bombay High Court alleging that the octogenarian carried out activities to achieve goals of the banned organisation CPI (Maoist) under the garb of aiding the tribal community. .The affidavit by NIA was filed in response to Swamy's appeal against a special court order denying him bail. The affidavit filed on Wednesday stated that the Special Court had duly considered the COVID-19 management and availability of medical treatment in prisons and before passing its order against Swamy after judicial application of mind..Collective interest of community outweighs right of personal liberty of Stan Swamy: Special NIA Court while rejecting bail to Swamy [Read Order].NIA contended that Swamy along with the co-accused in the case were "active members of the banned organisation of Communist Party of India (Maoist) and deeply knitted with their unlawful activities.It stated that "when an accused has committed a crime (of a high gravity under special statute like the Unlawful Activities (Prevention) Act) whose ulterior motive is to overthrow the democracy, certainly not age but the act of the act of the accused has to be taken into account".NIA also stated that Swamy's stature could not outweigh the offences committed by him. While claiming to be a voice for the tribal community, Swamy was, in fact, accomplishing the agenda of the banned organisation.."The law shall take its own course, the offence committed by Swamy do not overweigh his stature which is just an eyewash. Under the pretence of his stature and of voicing for tribal community Swamy is actually accomplishing the agenda of CPI (Maoist). The ghastly truth is that in the name of social cause, social activities, etc., Swamy and co-accused are actually working to achieve the goal of CPI (Maoists)," the affidavit said. .It was claimed that NIA had sufficient oral and documentary evidence against Swamy which establishes his direct involvement in the deep-rooted conspiracy having direct bearing on the Elgar Parishad incident held at Pune in 2018.They had filed a detailed role of his involvement in their supplementary chargesheet, it was contended. The agency further alleged that Swamy had tried to dispose of the evidence available on his electronic devices and this act implied that Swamy was trying to escape from the criminal justice system..NIA also clarified in its affidavit that Swamy was arrested based on the clinching evidence and "not for advocating for the human rights of Adivasis, Dalits, etc or for any other reasons". As far as the trial was concerned, NIA stated that their submissions for framing of charges were made a long time ago, but the accused persons kept filing applications "one after the other to delay the judicial process and use it as a ground for release on bail"..Meanwhile the High Court today heard the appeal filed challenging the rejection of bail on medical grounds by the NIA Court. The Court had on May 28 directed State of Maharashtra to transfer Swamy to Holy Family hospital for a period of 15 days which was extended till June 18 in view of his deteriorating health.A Bench of Justices SS Shinde and NJ Jamadar had called for Swamy's latest medical reports to decide whether Swamy could be sent back to the Taloja prison or not.Perusing Swamy's latest report however the Bench was of the view that Swamy's condition was critical and he continues to require intensive care.In view of the report, the Court extended the permission for Swamy's stay in the hospital till July 5, 2021.Senior Advocate Mihir Desai with Advocate Mihir Joshi appeared for Swamy. Advocate Sandesh Patil appeared for NIA..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.