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Legal Rights Observatory, a forum for legal activism has written a letter CJI NV Ramana, seeking recusal of Justice SS Shinde from hearing other pending matters in the Bhima Koregaon incident, citing his observations made in Bail Application of Late Stan Swamy, a UAPA accused.

It is contended that the statement made is beyond “Judicial Propriety” and although withdrawn, may not suffice, given to the fact that the same Judge is to hear the matter of other accused(s) in the incident.

“We cannot keep aside humane considerations while deciding medical bail applications.

We have respect for his work. Legally, whatever was there against him is (a) different matter. He was wonderful with the kind of services he rendered to the society. It was very dignified and graceful.

Such graciously and honourably they performed it,” observed Justice SS Shinde, Bombay High Court, in the Bail Application of Father Stan Swamy, accused in Bhima Koregaon Incident.

Legal Observatory writes,

“We are of the opinion that a Judge who has to adjudicate on the merits of an extremely serious criminal charges, commenting openly about being appreciative of the work of one of the accused, casts shadow on his impartiality and fairness. Even though Hon’ble Justice SS Shinde has withdrawn his statement, that may not be sufficient and he must recuse himself from all matters relating to the Bhima Koregaon Incident, in the interest of Justice.”

On July 5, bail plea of Stan Swamy became infructuous as Bombay High Court was informed about the passing away of the accused.

Ministry of External Affairs in its official statement, said,

“We have seen reports on the demise of Father Stan Swamy. He was arrested and detained by the National Investigation Agency (NIA) following due process under the law. Because of the specific nature of charges against him, his bail applications were rejected by the courts. Authorities in India act against violations of law and not against legitimate exercise of rights. All such actions are strictly in accordance with the law.”

Recently, while hearing the bail plea of UAPA accused Stan Swamy after his death, a bench led by Justice SS Shinde had said that Swamy was a wonderful man and that the Court had great respect for his work.

This also stirred a social media debate and the Bench later redacted the statement. 
Bombay High Court bench of Justice SJ Khathawalla and Justice Surendra Tavade, while hearing appeal against the order dated October 22, 2020, passed by NIA Court had directed the management of JJ Hospital to constitute a committee for examining the medical condition of Swamy and submit a report before the Court on May 21, 2021.

Demise of Accused Stan Swamy ignited debates around Criminal Justice System and it’s inefficiency in granting bail to an under-trial.