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Bombay High Court on Friday was informed by Senior Advocate Mihir Joshi representing Later Father Stan Swamy that he has prayed for following 4 reliefs in the appeals filed in rejection of interim bail plea :

1) Father Frazer Mascarenhas be allowed to participate in Magistrate enquiry in Swamy’s custodial death enquiry

2) NHRC guidelines on custodial death to be followed.

3) Father died in Mumbai, hence enquiry should be done in Mumbai.

4) Lastly, the enquiry report be submitted before this court.

The Division Bench of Justice SS Shinde and Justice NJ Jamdar were hearing the appeals filed by Late Father Stan challenging the rejection of bail by Special NIA Court, Mumbai.

“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,” informed ASG

He further added that as far as submitting of report was concerned, two appeals were already before the court and both stand abated.

“You agree with Mr Singh, who says appeal abates now then there's no point of enquiry,” stated Bench

“For the purposes of ensuring complete justice is done, enquiry is needed,” argued Advocate Desai.

He further cited landmark judgment in Aruna Shanbaug case wherein “parens patriae” principle was applied and stated that, “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 Supreme Court while dealing with the appeals in Bhopal Gas Tragedy case.”

“We are aware of our supervisory powers. There's a verdict which says liberal approach is needed in such cases,” asserted Bench and asked Advocate Desai to serve the copy of the same to them.

The bench was informed by Chief prosecutor for State that, no magistrate has been appointed yet to conduct the inquiry but assured that Post mortem was done with proper videography.

The ASG further referred to Justice Shinde's comment last time wherein he had said that the judges respect Late Stan Swamy for his work, “Public perception about the NIA has become an issue for us after your comments.”

To this Justice Shinde replied, “I clearly said subject to the legal position. 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.”

The bench subsequently withdrew its comments praising Late Swamy for his work in the previous hearing.

In the previous hearing the Court had directed the National Investigation Agency and State to find out if enquiry has been entrusted to any Judicial Magistrate to investigate into the rejection of bail plea of Late Stan Swamy, accused under the Unlawful Activities Prevention Act for Bhima Koregaon Violence.

The matter will be taken up next on 4^th August.

[Inputs from Free Press Journal]