HC asks JJP to file fresh plea against NIA courts observations against Stan Swamy in Elgar case
Mumbai Nov 24 PTI The Bombay High Court on Wednesday asked the lawyers of late Jesuit priest and tribal rights activist Stan Swamy to file a fresh petition against observations made by a special NIA court against him in the Elgar Parishad-Maoists links caseA division bench of Justices Nitin Jamdar and Sarang Kotwal was hearing an interim application filed by Swamys lawyer senior counsel Mihir Desai on behalf of Jamshedpur Jesuit Province JJP which is pursuing his case as his next-of-kinThe JJP had sought that priest and Swamys associate father Frazer Mascarenhas be considered his next-of-kin for litigationThey wanted to clear Swamys name in the case they saidSwamy died in a private hospital here on July 5 waiting for the trial in the case to beginEarlier in March this year a special court for National Investigation Agency cases in the city had rejected Swamys bail plea observing that there was prima facie evidence against himSwamy died when his appeal in the HC against the special courts order was pendingThe petitioners had said the NIA courts observations amounted to preliminary findings of guilt against Swamy and the high court should continue the hearing on the appeal and set aside the findingsAfter the HC on Wednesday suggested that a fresh plea should be filed Swamys counsels said they will withdraw the interim application and file a new petitionHC then disposed of as withdrawn Swamys appealsSwamy was arrested in the case in October 2020Suffering from Parkinsons disease and several other ailments he was shifted to a private hospital in May this year where he died following cardiac arrest PTI AYA KRK KRK
Mumbai Nov 24 PTI The Bombay High Court on Wednesday asked the lawyers of late Jesuit priest and tribal rights activist Stan Swamy to file a fresh petition against observations made by a special NIA court against him in the Elgar Parishad-Maoists links caseA division bench of Justices Nitin Jamdar and Sarang Kotwal was hearing an interim application filed by Swamys lawyer senior counsel Mihir Desai on behalf of Jamshedpur Jesuit Province JJP which is pursuing his case as his next-of-kinThe JJP had sought that priest and Swamys associate father Frazer Mascarenhas be considered his next-of-kin for litigationThey wanted to clear Swamys name in the case they saidSwamy died in a private hospital here on July 5 waiting for the trial in the case to beginEarlier in March this year a special court for National Investigation Agency cases in the city had rejected Swamys bail plea observing that there was prima facie evidence against himSwamy died when his appeal in the HC against the special courts order was pendingThe petitioners had said the NIA courts observations amounted to preliminary findings of guilt against Swamy and the high court should continue the hearing on the appeal and set aside the findingsAfter the HC on Wednesday suggested that a fresh plea should be filed Swamys counsels said they will withdraw the interim application and file a new petitionHC then disposed of as withdrawn Swamys appealsSwamy was arrested in the case in October 2020Suffering from Parkinsons disease and several other ailments he was shifted to a private hospital in May this year where he died following cardiac arrest PTI AYA KRK KRK
