Stan Swamy's lawyer tells HC to clear late activist's name in Elgar Parishad case

Mumbai: Lawyer of late tribal rights activist Stan Swamy has written to the Bombay High Court urging it to "clear his name and reputation" in the Elgar Parishad-Maoist links case, as per a PTI report.

Mihir Desai, who was representing Stan Swamy when he was alive told the court that those associated with Swamy feels that the courts need to clear his name in the Elgar Parishad case if they deem it fit.

Swamy, a Jesuit priest-turned-activist, died in hospital on July 5, 2021.

Earlier this week, Desai had written a note to the High Court on behalf of the Jamshedpur Jesuit Province (JJP), seeking to pursue Swamy's case as his family.

It has taken objection to the lower court's observation while rejecting Stan Swamy's bail plea in March that there was prima facie evidence against him.

While refusing bail, the special court's observations amounted to a preliminary finding of guilt against Swamy and the high court, which was hearing an appeal against the order, can continue the hearing and set aside the observation, as per the JJP.

"Article 21 of the Constitution equally applies to deceased persons and just as the Appellant (Swamy) would have had a right to clear his name if he were alive, similarly those closest to him will have a similar right to clear his name," the note stated.

The lower court's finding was a "stigma" and it will continue unless the high court sets the finding aside, it added.

On July 5, when a bench of Justices SS Shinde and NJ Jamadar of the high court took up Swamy's bail plea, it was informed that he had been declared dead a little while earlier.

Advocate Desai had then urged the High Court to keep the bail appeal and a writ petition filed by Swamy opposing the bar on grant of bail under the Unlawful Activities (Prevention) Act (UAPA) pending.

However, the National Investigation Agency (NIA) had said the bail plea should be considered as "abated" with Stan Swamy's death as per section 394 of the Code of Criminal Procedure.

Advocate Desai urged the HC to invoke its "parens patriae'' jurisdiction, which is a power of an appellate court to protect those who are not in the position to protect themselves.

Swamy was shifted to the Taloja prison in Navi Mumbai after his arrest from Ranchi in October 2020. Suffering from Parkinson's disease and several other ailments, he was shifted to a private hospital in May this year on the High Court's order.