Kin have right to clear stigma attached to name of deceased person: Stan Swamy lawyers to Bombay High Court

People closest to Father Stan Swamy have as much right to clear his name as he did if he were alive, Swamy's lawyers have told the Bombay High Court (Father Stan Swamy v. State of Maharashtra)..Swamy's lawyers, Senior Advocates Mihir Desai and Mihir Joshi, stated so in the written submissions filed to buttress their prayer to keep the bail pleas filed by Swamy pending posthumously..The appeals had been filed against rejection of medical bail and rejection of substantive bail by the Special Court under the National Investigation Agency (NIA) Act. .Collective interest of community outweighs right of personal liberty of Stan Swamy: Special NIA Court while rejecting bail to Swamy [Read Order].The substantive bail was rejected on the basis that the 'accusations against Swamy are prima facie true,' indicating that "there is a stigma attached to the Appellant (Swamy) and will continue to be so attached unless these findings are set aside," it was highlighted. .Citing Article 21 of the Constitution, the lawyers contended that it applied to deceased persons as well. "Just as the Appellant (Swamy) would have had a right to clear his name if he were alive, similarly those closest to him would have a similar right to clear his name.".In an earlier hearing, Desai had submitted that there was negligence by the NIA and Taloja Central Prison with regard to Swamy's health. In order to verify the veracity of such claims, Desai requested the Court to exercise parens patriae jurisdiction and ask for reports of the judicial inquiry into the custodial death..Stan Swamy lawyer wants Bombay High Court to exercise parens patriae jurisdiction; supervise enquiry into Swamy's custodial death.Opposing this request, NIA stated that in view of Section 394 of the Code of Criminal Procedure, the appeals abate after death, and hence the report need not be submitted to the High Court. .In response, Swamy's lawyers stated that the appeals had been filed under Section 21 of the NIA Act, to which Section 394 of the CrPC does not apply. They prayed for the appeals to be heard in light of the finding of the "owing to the nature of findings rendered by these Special Courts while refusing bail and in order to afford an opportunity to the next-of-kin of deceased appellants (Swamy) to clear the odium (widespread hatred) attached to their names and reputation," they contended.