Daijiworld Media Network - Mumbai

Mumbai, May 5: A division bench of the Bombay High Court observed that Stan Swamy is entitled to a bail and issued notice to the National Investigation Agency (NIA) and sought its response on a medical bail plea filed by Stan Swamy on Tuesday, May 4.

Stan Swamy (84), was arrested by the NIA last year. Swamy is a Jesuit priest and a tribal rights activist, is an accused in the Elgar Parishad case. He has been accused of having Maoist links, but even months after his arrest, investigating agencies are yet to frame charges against him.

A bench of Justices SS Shinde and Manish Pitale, after hearing the medical bail plea directed the Maharashtra government to file a report on Stan Swamy's current health condition by May 15. Stan Swamy had approached the high court challenging a special NIA court's decision in March this year when it rejected his plea for bail.

Arguing on his behalf, senior advocate Mihir Desai said, "He is in the advanced stage of Parkinson's disease. He has lost the ability to hear. Given the raging Covid-19 pandemic, our request is to at least grant him temporary bail." for which the bench said that Stan Swamy is 'certainly entitled to bail'. Desai informed that court that Stan Swamy had been charged under several stringent sections of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). He also said the charges were yet to be framed in the case before the special court.

"Though it is nobody's case that arms or any objectionable material were found in his (Swamy's) possession, though he is an 84-year-old priest, who had been working in Jharkhand, he has been charged under all possible sections of the UAPA and IPC," Desai said.

The NIA said that Stan Swamy had filed his appeal 152 days after the statutory time limit permitting filing of appeals in cases of medical bail, for which Desai argued that on April 27, 2021, the Supreme Court condoned delays for all matters filed during the pandemic. The NIA said it required some tome to file its reply to the bail plea.

The high court also said Swamy had "not gained anything" by delaying the filing of his appeal and condoned such delay. "We will issue notice and call for the medical report. We will give you the liberty to mention the appeal before the vacation bench," the HC said.

Stan Swamy was accused for the speeches delivered at the Elghar Parishad conclave held in Pune on December 31, 2017. The police claimed that the speech triggered violence the next day near the Koregaon-Bhima war memorial located on the city's outskirts. The Pune police claimed the conclave was backed by Maoists.