Thread by @fpjindia

#BombayHighCourt bench of Justices S S Shinde & N J Jamadar hearing a plea filed by now deceased #StanSwamy, who had sought interim bail on medical grounds.

Sr Adv Mihir Joshi for Swamy
ASG Anil Singh for #NIA
Aruna Pai, Chief Prosecutor for state

Desai: Our prayer is limited to four issues.
Fr Frazer Mascarenhas be allowed to participate in Magistrate enquiry in #StanSwamy's custodial death enquiry.
@India_NHRC guidelines on custodial death be followed.
Since he died in #Mumbai enquiry should be done here

Desai: Lastly, the enquiry report be submitted before this court.

ASG Singh: Only two point submissions from our end. Let the enquiry be conducted as per law. No need to follow any guidelines as the law mandates an enquiry.

#BombayHighCourt

ASG: As far as submitting a report is concerned, two appeals are before this court, both stand abated now. Cites sec 394 of CrPC which allows kin of a person to file appeals challenging conviction etc after s/he dies.

#BombayHighCourt #StanSwamy

Pai for state: I would adopt submissions of ASG Singh.

J Shinde: If you agree with Mr Singh, who says appeal abates now then there's no point of enquiry. If the appeal goes everything goes Mrs Pai

Pai: We will take care of the Magisterial enquiry in #Mumbai
#BombayHighCourt

Desai: My client is unfortunately not here with us now but the supervisory powers of this court are still there

For the purposes of ensuring complete justice is done, enquiry is needed

Cites landmark judgment in #ArunaShanbaugh case wherein parens patriae principle was applied

Desai: High Courts are held to be the parens patriae (parent) of the citizens under the jurisdiction. Even the state is held to be so by the #SupremeCourt while dealing with the appeals in #BhopalGasTragedy case.

#BombayHighCourt
#StanSwamy
#BhimaKoregaon

J Shinde: Mr Desai can u give us two pages note so that we can ponder on the issue. Even circulate a copy of it to the respondents.

We are aware of our supervisory powers.

There's a verdict which says liberal approach is needed in such cases.

#BombayHighCourt #StanSwamy

J Shinde: Till then, Mrs Pai have you appointed a Magistrate for enquiry?

Pai: Not yet.

J Shinde: Okay but was the post-mortem conducted properly as per law? Videography was done?

Pai: Yes Milords.

#BombayHighCourt #StanSwamy

ASG: I have to make two submissions. We have condoled the death of Mr Swamy.

His voice isn't clear. Bench tells him he can make submissions on next date i.e. August 4, 2021.

#BombayHighCourt
#BhimaKoregaon

ASG: Any personal or private comment from judges in the open court it is being (voice unclear)

J Shinde: Your voice isn't clear Mr Singh. May be network issue at your problem.

ASG: Personal or Pvt comment from judges in open court in pending is being twisted by the press.

J Shinde: Who has made a comment Mr Singh?

ASG: Your Lordships made a comment last time.

J Shinde: Your voice isn't clear. Come to the court hall now.

#BombayHighCourt
#StanSwamy
#BhimaKoregaon

J Shinde to Desai and Pai: We haven't made any personal comment against any advocate. May be some miscommunication or misunderstanding.

Let him come to the courtroom.

#BombayHighCourt
#StanSwamy
#BhimaKoregaon

Bench is waiting for the ASG to come to the courtroom.

ASG was referring to J Shinde's comment last time where in he had said that the judges respect #StanSwamy for his work.

#BombayHighCourt

ASG arrives.

ASG: With great respect, when we make personal comments about the activities of the accused or his work...

J Shinde: Yes what happens then?

ASG: From last one week, there are several things are going on.

J Shinde: I clearly said subject to the legal position

J Shinde: If you think, I should take back my words, I will take my words back.

We are also human beings and suddenly something happens we express.

We didn't comment against the ASG or Prosecutor or any agency.

We don't have any control outside.

ASG: Public perception..

....about the #NIA has become an issue for us after your comments.

J Shinde: In no uncertain words, we always admire you and the able assistance you give to us.

ASG: There's no grievance against this court till date.

J Shinde: Okay, we adjourn the matter till August 4.

Hearing Ends.

#BombayHighCourt #StanSwamy #BhimaKoregaon #ElgarParishad