Mahima
A special NIA court refused to grant bail to tribal rights activist Father Stan Swamy in the Elgar Parishad-Maoist links case.
The 83-year-old Jesuit priest was arrested for his alleged role in inciting the riots in Bhima Koregaon.
He was booked under various sections of Indian Penal Code and terror-related offences Unlawful Activities (Prevention) Act (UAPA) for allegedly promoting the cause of the banned Communist Party of India (Maoist) through his NGO.
He was sent to judicial custody and was accommodated in Taloja Central Jail for the last five months.
He had filed for his bail on both medical grounds and merits of the case. In his bail plea, Swamy contended that his arrest was “uncalled for” and “mala fide”.
Swamy’s lawyer, Sharif Shaikh submitted that the petitioner is suffering from Parkinson’s disease and for health reasons; he should be shifted from the prison to a hospital. He also maintained that Swamy is neither a flight risk nor would jump his bail.
It was also highlighted that neither Swamy was named in the original FIR nor the Pune Police had any intention of arresting him as he was merely a suspect not an accused.
Special Public Prosecutor Prakash Shetty, representing the NIA, opposed his bail and contended that there is sufficient evidence to prima facie prove the involvement of the accused in deep-rooted conspiracy and Naxalite movement.
Prakash also highlighted Swamy’s contributions to organisations such as Vistapan Virodhi Jan Vikas Andolan and People’s Union for Civil Liberties which are committed in working for CPI (M).
The NIA also alleged in its charge sheet that there is evidence of foreign funding to Swamy’s NGO Persecuted Prisoners Solidarity Committee (PPSC) which provides legal aid to falsely accused Dalits and Adivasis as Maoists.
The NIA also filed an application for submitting fresh documents (case diary of the investigating agency) and records which were deemed to be significant for the Court to consider before passing a verdict in the bail application.
The application was opposed by the petitioner’s counsel stating that prosecution is trying to introduce record new documents through Section 173 of Code of Criminal Procedure which can only be brought for filing a subsequent charge sheet. He also argued that once the charge sheet is filed, the case diary cannot be examined by the Court.
Earlier, the need of straw and sipper for Swamy on account of him suffering from Parkinson’s disease was approved in a month. The octogenarian is considered to be the oldest person to be accused of terrorism in India.
His co-accused Varavara Rao was granted temporary bail on the grounds that his confinement would be harmful for his health.
Reference links:
https://www.moneycontrol.com/news/india/bhima-koregaon-case-nia-court-rejects-stan-swamys-bail-plea-6676021.html
https://www.barandbench.com/news/litigation/elgar-parishad-case-mumbai-special-court-rejects-bail-father-stan-swamy
https://www.outlookindia.com/newsscroll/elgar-parishad-case-court-denies-bail-to-activist-stan-swamy/2051100
https://indianexpress.com/article/india/stan-swamys-bail-plea-rejected-in-elgar-parishad-case-7239468/