Hindustan Times (Jalandhar)

Stan Swamy was a wonderful person, have great respect for his work: HC

- K A Y Dodhiya letters@hindustant­imes.com With agency inputs

MUMBAI: The Bombay high court said on Monday that Stan Swamy, an accused in the Elgar Parishad case who died in judicial custody waiting for bail on medical grounds, was a “wonderful person” and expressed “great respect” for his work.

The two-judge bench of justices S S Shinde and N J Jamadar, which was hearing Swamy’s bail appeals challengin­g the orders of the Special NIA Court refusing him bail, also observed that it made it a point to attend the online funeral service for the 84-year-old.

“We don’t have time normally, but I saw the funeral service (of Swamy). It was very gracious,” Justice Shinde said. “Such a wonderful person. The kind of service he has rendered to the society. We have great respect for his work. Legally, whatever is there against him is a different matter,” he added.

Father Stan Swamy, as the Jesuit priest was popularly referred to, was the country’s oldest prisoner charged under the Unlawful Activities (Prevention) Act. The National Investigat­ion Agency (NIA) alleged that he was involved in an alleged Maoist conspiracy that led to caste clashes near the Bhima Koregaon village four years ago.

Swamy was being held at Taloja jail since October last year, and died after a heart attack on July 5, just a week after he was shifted out of Taloja jail to the Holy Family hospital in Bandra on the high court’s order.

A magisteria­l inquiry is being held into the death since he died while in custody.

Referring to the outrage directed at the high court and the NIA for Swamy’s continued custody, the bench said: “We ensured that we remained fair while passing orders on Swamy’s medical bail applicatio­n, as well as the applicatio­ns filed by the other co-accused in the Elgar Parishad case like P Varavara Rao and Hany Babu by permitting them to be shifted to the hospital of their choice, though there was vehement opposition.”

The court also noted that the bench was quick to accede to the request for shifting Swamy on May 28 when senior lawyer Mihir Desai, who was representi­ng Swamy in the high court, sought the permission and even thereafter when extension of his stay at the hospital was sought.

“Outside, we are speechless. Only you (Desai) can clarify this. You have said on record that you have no grievance with this court in the matter,” observed the bench.

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Stan Swamy

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