Skip to main content
Sabrang
Sabrang
Freedom Rule of Law

Father Stan Swamy moves Bombay HC for bail

 The Special NIA court had rejected his bail application in March on merits

Sabrangindia 28 Apr 2021

Stan swamy

Father Swamy has moved the Bombay High Court challenging the Special NIA court’s orders rejecting his bail applications. According to LiveLaw, the tribal rights activist has filed an appeal against two orders of the NIA court, the first rejecting his emergency bail application on health grounds in October, last year, and the second order dated March 22, 2021, denying him bail on merits.

His plea before the High Court filed through advocate Mihir Joshi, reportedly cites his advanced age and acute Parkinson’s Disease, apart from contending that no case was made out against him in the Bhima Koregaon violence matter.

Father Swamy, while previously applying for bail on medical grounds, had stated that he had undergone two hernia operations and is still suffering from abdomen pain. His plea before the special court read, “He suffers intense pain due to lumbar spondylosis i.e., the tear and wear of the lumbar disc and tremors in both hands due to Parkinson’s. In fact, he has been shifted to the prison hospital and is being taken care of by other inmates.”

Despite this, his bail was rejected and the court held that the collective interest of the community outweighs his personal liberty and also the “alleged sickness” he suffers. Interestingly, while the court did agree that Father Stan was not even present at the Elgar Parishad event at Bhima Koregaon that resulted in violence, his non-presence at the event could not be used as a defence.

Judge Dinesh E. Kothalikar had also concluded that the Jesuit priest was not only a member of the banned organisation, Communist Party of India (Maoist), but was also carrying out activities with the objective of the organisation “which is nothing but to overthrow the democracy of the nation.”

Father Swamy was arrested on October 8, 2020, and charged under various sections of the Indian Penal Code and offenses under the Unlawful Activities (Prevention) Act for furthering the cause of a banned organisation. On April 26, he turned 84.

 

Related:

Birthday greetings, dear Fr. Stan!

Have the courts not learnt anything about medical bail?

Father Stan Swamy moves NIA court for bail

Father Stan Swamy moves Bombay HC for bail

 The Special NIA court had rejected his bail application in March on merits

Stan swamy

Father Swamy has moved the Bombay High Court challenging the Special NIA court’s orders rejecting his bail applications. According to LiveLaw, the tribal rights activist has filed an appeal against two orders of the NIA court, the first rejecting his emergency bail application on health grounds in October, last year, and the second order dated March 22, 2021, denying him bail on merits.

His plea before the High Court filed through advocate Mihir Joshi, reportedly cites his advanced age and acute Parkinson’s Disease, apart from contending that no case was made out against him in the Bhima Koregaon violence matter.

Father Swamy, while previously applying for bail on medical grounds, had stated that he had undergone two hernia operations and is still suffering from abdomen pain. His plea before the special court read, “He suffers intense pain due to lumbar spondylosis i.e., the tear and wear of the lumbar disc and tremors in both hands due to Parkinson’s. In fact, he has been shifted to the prison hospital and is being taken care of by other inmates.”

Despite this, his bail was rejected and the court held that the collective interest of the community outweighs his personal liberty and also the “alleged sickness” he suffers. Interestingly, while the court did agree that Father Stan was not even present at the Elgar Parishad event at Bhima Koregaon that resulted in violence, his non-presence at the event could not be used as a defence.

Judge Dinesh E. Kothalikar had also concluded that the Jesuit priest was not only a member of the banned organisation, Communist Party of India (Maoist), but was also carrying out activities with the objective of the organisation “which is nothing but to overthrow the democracy of the nation.”

Father Swamy was arrested on October 8, 2020, and charged under various sections of the Indian Penal Code and offenses under the Unlawful Activities (Prevention) Act for furthering the cause of a banned organisation. On April 26, he turned 84.

 

Related:

Birthday greetings, dear Fr. Stan!

Have the courts not learnt anything about medical bail?

Father Stan Swamy moves NIA court for bail

Related Articles

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Videos

Communalism

Hate Speech is rampant while Free speech is criminalised | Teesta Setalvad

Eminent speakers like Justice Anjana Prakash, Saba Naqvi expressed grave concerns over the draconian laws, used to put down the struggles of the labouring masses and the manner in which the law enforcement have been taking down students, academicians, political and human rights activists, artists, Dalits, Muslims and tribal people.

Communalism

Hate Speech is rampant while Free speech is criminalised | Teesta Setalvad

Eminent speakers like Justice Anjana Prakash, Saba Naqvi expressed grave concerns over the draconian laws, used to put down the struggles of the labouring masses and the manner in which the law enforcement have been taking down students, academicians, political and human rights activists, artists, Dalits, Muslims and tribal people.

IN FACT

Analysis

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Archives