Stan Swamy, accused in Elgar Parishad case, passes away at 84 | India News – Times of India


MUMBAI: Jesuit priest Stan Swamy, an accused in the Elgar Parishad-Maoist links case, passed away on Monday at Holy family hospital. He was 84.
He was transferred to the hospital from Taloja prison following order of Bombay high court in May.
“We record with heavy heart that Dr Ian Dsouza, medical director of Holy Family Hospital informed us that Stan Swamy passed away at 1.24 pm today,’’ said a bench of Justices S S Shinde and NJ Jamadar.
D’Souza told the court that Swamy suffered a cardiac arrest early Sunday morning.
Mihir Desai, senior counsel for Fr Swamy, submitted that petitioner was provided best of treatment at the hospital.
In the circumstances, Desai, submitted that the body of Fr Swamy may be directed to be handed over to Fr Frazer Mascarnhes retired principal of St Xavier’s college who was allowed to meet him inside the hospital by this court.
“We have no objection to post mortem being conducted,’’ said Desai. However, all medical and post mortem reports must be deposited with the high court and it should be done in accordance with NHRC guidelines, he added.
Dr Dsouza said the cause of the death is pulmonary infection, Parkinson’s disease and post Covid-19 complications.
Swamy was arrested last year in the January 2018 Elgar Parishad case and was allowed to continue his stay at a private hospital in Bandra till Tuesday, when the HC had scheduled to hear his bail plea.
Last week, Swamy had filed a plea to challenge the stringent provision of section 43 D (5) of the Unlawful Activities (Prevention) Act (UAPA) that regulates grant of bail in cases where the Act and its terror offences are invoked.
The provisions bars granting bail to an accused under UAPA, if after hearing the prosecution as well, the court draws a prima facie opinion that the accusations are true.
He also sought directions to set aside the terminology ‘frontal organizations’ from the first schedule of the UAPA claiming it is used by prosecuting agencies to “blatantly and arbitrarily’’ oppose bail pleas.
Fr Stan’s plea for bail was scheduled for hearing on Friday before a bench of Justices S S Shinde and NJ Jamadar but due to paucity of time was adjourned to July 6.
Desai on Friday had said he was still in the Intensive Care Unit (ICU) after being tested positive for Covid on his admission last month. He sought his extended hospitalization, till the next hearing date. The HC agreed. He had appealed against orders of the special NIA court, passed last year, rejecting his pleas for bail, both on medical grounds and merit.
The section under UAPA creates an “obstacle’’ for an accused to be granted bail, his fresh petition said adding it was thus violative of articles 14 ( Equality before law) and 21 (Right to life) of the Constitution.
He also said that by invoking the UAPA against him and accusing him to be part of the frontal organization of a banned terrorist group, the National Investigation Agency (NIA) has made it impossible for him to apply for bail, thus arbitrarily impinging on his “personal liberty.’’





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