Thread by @barandbench

#BombayHighCourt to hear the appeals filed by Father #StanSwamy (who has now passed away) challenging the rejection of bail (on merits and medical grounds) by the Special NIA Court, Mumbai.

Hearing before Justices SS Shinde and NJ Jamadar.

#ElgarParishad

Sr Adv Mihir Desai: I am only seeking limited reliefs. We are concerned with magistrate enquiry.
1. That the next of kin should be allowed to participate that is mentioned in the section..

Court: But who will participate?

#ElgarParishad #BombayHighCourt

Desai: Fr Mascerenhas will participate. He is his friend.

#ElgarParishad #BombayHighCourt

Court: Now Desai, you have said you have no grievance against the court and the hospital..
Every time we have conceded to every request you have made, the hospital, the stay in the hospital.

Desai: I will also add that the court sat on two occasions despite not having a board.

Court: No one says this is the bench which granted bail to Dr. Varavara Rao. We permitted Rao’s family to meet him. We have always conceded to every request which has been made.

#BombayHighCourt #ElgarParishad

Court: When you approached the court for transferring him due to his condition, we conceded. We were also shocked and sad at what happened. This is unfortunate and we did not anticipate this would happen.

#BombayHighCourt #ElgarParishad

Desai: And just for the record may I say that I am satisfied with every bench which has heard this matter.
They have been gracious.

Court: We appreciate your gesture and more counsels like you should do it.

#BombayHighCourt #ElgarParishad

Court: We could not record in our order, what we felt. But we cannot tell how we felt.

Justice Shinde: I knew about the time of the funeral, so I watched it. And it was in a dignified manner and graciously.

#BombayHighCourt #ElgarParishad

Court: We have every respect for his work to the society. Whatever legally is happening.. but we have huge respect for his service.

#BombayHighCourt #ElgarParishad

Adv Sandesh Patil for NIA states that he will need to take instructions on the issue.

Patil: If Mr Desai is pointing out the law, we also have a duty to point out. They constantly keep blaming the jail authorities and NIA.

#BombayHighCourt #ElgarParishad

Court: We were informed that the charges have not even been framed in the case. How many witnesses are there..
You will argue and leave. But we have to answer.

#BombayHighCourt #ElgarParishad

Court: For how many years without trial can people be asked to languish in jail?
Speedy trial is considered a fundamental right.

#BombayHighCourt #ElgarParishad

Court: wHat are the other two prayers?

Desai: 2. Is that the guidelines should be followed.
3. There has to be some monitoring.

#BombayHighCourt #ElgarParishad

Court: Mr. Desai serve the hardcopies to the public prosecutor and Friday 10.30 first matter we will take.

#BombayHighCourt #ElgarParishad

Desai: The lawyers concerned in various articles, like Mr. Grover who has written in various journals, have appreciated the efforts of the high court.

#BombayHighCourt #ElgarParishad

Court: We intentionally avoid to watch TV and newspaper and in these times, we find very little time for ourselves.
But we saw the funeral. It was very graceful. The manner in which everyone spoke. The honour and dignity.
The retd. Principal who spoke.

#BombayHighCourt

Court: Our limitations and provisions of the act.
Delhi HC judgment which went to SC, SC clarified that it is limited to the facts of the case.

Patil: On July 5, in para 14, the enquiry would be held.. that was recorded.
Please see the last two lines.. #BombayHighCourt

Patil: We will be taking an objection to that. Since the appeal’s limited scope has now come to an end.

Court: You are entitled to take objection. We will consider that.
(To PP): Please find out what the status of the enquiry is.

#BombayHighCourt #ElgarParishad

"We have huge respect for his work; had conceded to every request; never anticipated this would happen:" Bombay High Court on Stan Swamy

report by @Neha_Jozie

#BombayHighCourt #StanSwamy #BhimaKoregaon

Read full report: bityl.co/7u4Y

"You will argue and leave, but we have to answer; speedy trial is a fundamental right:" Bombay High Court to NIA during bail hearing of late Father Stan Swamy

report by @Neha_Jozie
#BombayHighCourt #BhimaKoregaon #StanSwamy

Read more here: bityl.co/7uKv

"No one says this is the bench which granted bail to Dr. Varavara Rao. ...We have always conceded to every request which has been made by you (Desai) (for Stan Swamy)"
- Justice SS Shinde.

#BombayHighCourt #StanSwamy #ElgarParishad #BhimaKoregaon

"When we heard the news, we were also shocked and sad about what happened. This is unfortunate and we also did not anticipate this to happen. We could not record in our order what we felt, but we cannot convey how we felt"
~ #BombayHighCourt

#StanSwamy #ElgarParishad

"I knew about the time of the funeral, so I watched. And it was conducted in a dignified manner and graciously. It was graceful and the manner in which everyone spoke, so much honour and dignity..."
- Justice SS Shinde

#BombayHighCourt #StanSwamy #ElgarParishad #BhimaKoregaon

"We have every respect for his work in the society. Whatever is happening legally is another matter, but we have huge respect for his service to the society."
- #BombayHighCourt

#StanSwamy #ElgarParishad #BhimaKoregaon

"We were informed that the charges have also not been framed in the case. ...You will argue the matter and leave. But we have to answer. For how many years without trial can people be asked to languish in jails?"

- Justice SS Shinde

#BombayHighCourt #StanSwamy #BhimaKoregaon