Thread by @barandbench

#BombayHighCourt to continue hearing posthumously the bail pleas filed by Bhima Koregaon accused Father #StanSwamy kept pending to ascertain the veracity of claims of negligence by NIA and Taloja Prison Authorities towards Swamy’s health.

@NIA_India

Bench of Justices SS Shinde and NJ Jamadar to hear the pleas.

Sr Adv Mihir Desai to appear for Swamy.

ASG Anil Singh to appear for NIA.

Chief PP Aruna Pai to appear for State of Maharashtra.

#BombayHighCourt #StanSwamy

Hearing begins.

Desai: there are four requests I have today pertaining to the investigation under 176 of crpc.

1. Allow Fr mascerhanas, who is next kin for Swamy be allowed to participate.
2. That the investigation be conducted in compliance of NHRC guidelines.

3. That since the death was in Mumbai, the Magistrate for 176 enquiry be from Mumbai.
4. That the report be submitted to the High Court.

Desai: Now if there is no objection to this looking at the context of the case, I need not waste the time of the court. Otherwise I will make my case.

ASG: I have two submissions.
I have no difficulty because the law provides for the guidelines.
It is as per CrPC. There is no question of not following this.

ASG: As for the submission of report, I have two submissions.

Court asks him to respond on each issue individually.

ASG: I have no objection to 2 & 3. But on 4, I want to submit that there are only two appeals pending in court now.

ASG: Please see section 394 of CrPC. Every other appeal under 377 and 378 shall abate on death of the accused.
Provided the appeal is against the sentence or conviction

ASG: This appeal is not for sentence or conviction.

Court: But then this appeal is under which act?

ASG: this is under NiA act but CrPC will apply.
But since this appeal is abated, there is no question of having a report in this appeal.

Court asks Chief PP, she says that she will adopt ASG’s submissions.

Court: but if his appeal goes everything goes, nothing remains, even his points will not remain.

Desai: I am invoking supervisory jurisdiction of the High Court. Constitutional jurisdiction. May not be in the strict sense of appeal, but in supervisory jurisdiction.

Desai: Way back in Charan Lal’s case, in Aruna Shanbaug case and whether she was seeking passive euthanasia, it was held that the High Court was parens patriae for all these.

Desai: The HC would continue to be parent of the deceased and continue to operate in that…

Court: Can you send a two page note? So that we will ponder on that.. we understand Art 215 and whether you can convert the appeal. There is a justice that liberal approach is to be adopted. Can a writ petition be maintainable…

Court: whether any magistrate has initiated?

PP: No

Court: Was a Post mortem conducted as per procedure?

PP: Yes

Court: Give it to the otherside also.

Chief PP: We will need sometime to think over it.

Court: We will do one thing, we will keep it on August 4, 2021.

ASG’s office is facing some technical issue.

ASG: I will reach Courtroom in 2 mins.

Court: We are not passing any order today…

ASG: My submission is that any personal comment or officer of the court… (there is technical issue).

ASG: I have two submissions nothign to do with the matter. Any private comment by the Court or the officer of the Court.

ASG: In a pending investigation, on media and social media there are comments being made…

Court (to Desai): We have heard only.. we have not made any personal comment against any advocate.

Chief PP: I have been told he is on his way to the Court.

Since there is technical difficulty from ASG’s end he is coming to Court room to make submissions.

Court: We have introduced hybrid system…
Yesterday we tested..

Desai: That is good actually…

ASG reaches the court.

ASG: Any personal comments from the Court…

Court: personal comment about?

ASG: about the activity in the matter.

Court: I have said so, as far as legal issues are concerned and the UAPA provisions, we have never made comments. If what I said hurt you, I will take it back, do you want that?

Court: I will take it back whatever I said personally.. we are also human beings.. whenever something like this happens…
We have never made any comments against PP or ASG.. you appear before us everyday..

Court: We appreciate your conduct in court. We have always admired you do not get attached to the case.
And for other things we are hearing on August 4.

ASG: I am only on the public perception created..

Court: We always try to keep a balanced approach.

ASG says he has absolutely no grievance from the Court. The court has always been transparent.

Hearing ends.

"We are also human beings; I will take back personal comments:" Justice SS Shinde to NIA on remarks made while hearing Father Stan Swamy case

report by @Neha_Jozie

#bombayhc #BhimaKoregaon #stanswamy

Read full story: bityl.co/7yav