NIA, state, counsel to justify hearing of Swamy’s bail plea
MUMBAI: The Bombay high court (HC) on Friday asked the National Investigation Agency (NIA), state and the counsel for Elgar Parishad accused Fr Stan Swamy, who died due to a heart attack on July 5, to inform it through their submissions on if the appeals for regular bail and bail on medical grounds filed by the octogenarian priest can be heard as, according to prescribed laws, they stood abated after his demise.
The court sought the submissions after NIA objected to hearing the pleas but Swamy’s counsel said HC could exercise its parens patriae power for the deceased and supervise the magisterial probe that is yet to commence into his death.
The bench of justice SS Shinde and justice NJ Jamadar was hearing the bail pleas of Swamy which had been kept pending to ascertain the veracity of the claims of his counsel that there had been negligence by NIA and
Taloja prison towards Swamy’s health despite him complaining about the same before the court intervened.
Senior counsel Mihir Desai also sought four directions from the court — permitting Fr Fraser Mascarenhas to attend the preliminary enquiry conducted under section 176 of the Criminal Procedure Code (CRPC) into the custodial death of Swamy; conducting the probe in compliance of the guidelines of the National Human Rights Commission; appointing a magistrate from Mumbai as Swamy’s death took place in Mumbai; and that the report of the probe be submitted to the HC to ensure it is supervised.
The court posted next hearing on August 4.