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The Bombay High Court today directed the National Investigation Agency and State to find out if enquiry has been entrusted to any Judicial Magistrate to investigate into the rejection of bail plea of Late Stan Swamy, accused under the Unlawful Activities Prevention Act for Bhima Koregaon Violence.

The Division Bench of Justice SS Shinde and Justice NJ Jamdar were hearing the appeals filed by Late Father Stan challenging the rejection of bail by Special NIA Court, Mumbai.

Advocate Mihir Desai for appeared for Swamy and said that, “we are now concerned with the Magistrate enquiry under section 176 CrPC. The next of the kin may be allowed to participate in the enquiry.”

Justice Shinde pointed out that the High Court bench led by him had always agreed to the requests of Swamy right from day one to get medical attention.

"We are speechless outside (of the court). You (Desai) can clear the position out that we have always agreed with you,” said Justice Shinde.

The Bench further stated that it had even granted medical bail to Mr Varavara Rao, “No one is mentioning that. We always considered humanity. In fact, there was huge opposition even in that matter but we granted him bail and even allowed his family members to meet him in hospital.”

“Father Stan Swamy was such a wonderful person and had rendered services to the society. We have too much of respect for his work for the society,” said Justice Shinde

To this Advocate Sandesh Patil for NIA replied that, “Swamy wasn't keen to get admitted but after the HC order he was admitted to Holy Family hospital, Bandra against our contention of admitting him to JJ hospital. People out are saying blaming jail authorities.”

The Bench noted that it can’t control with what happens outside the court room, “Let’s be practical. There should be clarity as to how many years without trials people can be asked to languish in jails. This isn't for this case alone but for all the cases. In this case even charges aren't framed. Ultimately, speedy trial is a fundamental right. We all need to consider the fact always.”

Advocate Desai while referring to July 5^th order, urged to the Bench that, “Our prayer is this court must monitor the enquiry and the Magistrate must submit his report before this court. To end for the day, we are thankful to the High Court for handling such a case properly.”

The Bench listed the matter for Friday and directed the PP Aruna Pai for State to find out about the status of the enquiry in the present matter.

[With inputs from the Free Press Journal]