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The bail plea of Bhima Koregaon Violence accused Stan Swamy became infructuous as Bombay High Court was informed today that Father stan Swamy accused in Bhima Koregaon passed away at 1:30 pm.

The Bench of Justice SS Shinde and Justice Nitin Jamadar were to hear Father Stan Swamy’s plea for temporary bail on medical grounds in the appeal which challenges Special NIA Court’s order rejecting his bail.

“The petitioner had been admitted at the hospital. We record with a heavy heart that Dr D'Souza informed the court that Father Stan Swamy passed away today at 1.24pm.”
- noted the Bench

Dr D'Souza from Holy family hospital further informed the Bench that, “the petitioner had suffered cardiac arrest early morning on Sunday.”

The learned Senior Counsel Mihir Desai for the petitioner submitted that, “the petitioner was provided best of the treatment at the Holy Family Hospital. However Father Swamy passed away.”

The Bench observed that, “The authorities can be directed to hand over the body of the appellant to Father Frazer Francis Mascernhas after all the steps as per the governing rules from the Prison Manual are undertaken. We therefore direct the Respondent No. 2 & the officers of the State government shall take all the necessary steps including the drawing of Inquest & holding of the post-mortem examination during the course of the day and hand over the body of the appellant to Father Frazer.”

Dr D'Souza further informed the court that Father Stan Swamy was certified Covid negative. Therefore, Bench directed that “Father Swamy's funeral will be conducted in Mumbai in conformity with prevailing SOPs for Covid.”

Advocate Desai submitted that the body of Father Swamy must  be handed over to Father Frazer Mascarenhas retired Principal of St Xavier's College as the appellant was a priest and had no family member.

“In view of the aforesaid submission and the fact that the appellant had been admitted in the hospital by an order of this court dated 28th of May 2021, we deem it appropriate to direct the said authorities To conduct the Inquest & postmortem examination and the other requisite formalities forthwith, and in any event during the course of the day.”- noted the Bench.

Previously the bench of Justice SJ Kathawalla & Justice Surendra Tavade while hearing an appeal against the order October 22, 2020 passed by NIA Court rejecting the bail application of alleged CPI(Maoist) member, Stan Swamy, arrested by the National Investigation Agency (NIA) in the Elgar Parishad case on medical grounds had previously directed the management of JJ Hospital to constitute a committee for examining the medical condition of Swamy & submit a report before the Court on May 21, 2021.

It must noted that, Swamy’s medical bail plea was listed after his counsel Mihir Desai submitted a note to the court detailing the lack of medical aid at the Taloja prison, the lack of physical distancing at the facility and Swamy’s health condition. 

The note stated how Father Stan was unwell with cough, fever, an upset stomach & a feeling of weakness.

Owing to his deteriorating health conditions, Swamy on Tuesday was shifted to JJ Hospital in Mumbai from Taloja Jail & was later brought back to the jail after the tests.

After being arrested by the National Investigation Agency for his alleged involvement in the violence that occurred in Bhima Koregaon on January 1, 2018 Swamy was lodged in Taloja Jail. 

On March 24, 2021 the Bombay Special Court had refused to grant bail to Stan Swamy, the accused in the 2018 Bhima Koregaon violence. 

“The collective interest of the community would outweigh the right of personal liberty of the applicant and as such the old age and or alleged sickness of the applicant would not go in his favour, so that the discretion to release the applicant can be exercised in his favour” opined the Special Court.