Thread by @fpjindia

#BombayHC Bench led by Justice Sambhaji Shinde is hearing petition filed by Late Fr Stan Swamy, seeking interim bail.

Adv Mihir Desai for Swamy

Adv Sandesh Patil for NIA.

Desai: 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.

May Fr Mascarenhas be allowed through his counsel.

#BombayHC #StanSwamy

Justice Shinde points out that the HC bench led by him has been agreeing 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.

#BombayHC

J Shinde: We 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.

#BombayHC

J Shinde: #StanSwamy was such a wonderful person and had rendered services to the society. We have too much of respect for his work for the society.

We will allow Fr Mascarenhas to participate in the enquiry.

#BombayHC #BhimaKoregaon

Special PP Sandesh Patil for #NIA: 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.

#BombayHC

J Shinde: We can't control who says what, outside this court. But lets be practical. There should be clarity as to how many years without trials people can be asked to languish in jails. This isnt for this case alone but for all the cases. In this case even charges arent framed.

J Shinde: Ultimately, speedy trial is a fundamental right. We all need to consider the fact always.

Now, let us allow Fr Mascarenhas to participate in the probe.

#BombayHC #StanSwamy #BhimaKoregaon

Desai refers to guidelines of @India_NHRC for conducting Magistrate Enquiry on custodial deaths.
These guidelines state that last cause of death might be anything like cardiac arrest etc but what would be the guiding factor
J Shinde: Which Magistrate is doing enquiry

#BombayHC

PP Aruna Pai: I have no instructions as to who is entrusted with this enquiry??

Desai: 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 HC for handling such a case properly.

J Shinde: I usually never watch TV or read newspapers. I spoke all this now because I happened to watch his funeral and some people commenting on the death.

Okay we will now hear the matter tomorrow 10:30 am till then Mrs Pai find out it enquiry has been entrusted it not.