[Bhima Koregaon] Bombay High Court seeks NIA response in Stan Swamy's appeal seeking bail on medical grounds

The Bombay High Court on Tuesday sought response from the National Investigation Agency (NIA) on the appeals filed by Father Stan Swamy challenging the two orders passed by the Special NIA Court rejecting his bail plea in the Bhima Koregaon case..The bail plea filed by Swamy on medical grounds was rejected by Special NIA court in October 2020 while the plea for bail on merits was rejected in March 2021. Swamy moved the High Court challenging both the orders. .A Bench of Justices SS Shinde and Manish Pitale on Tuesday issued notice in both the appeals and also directed the State jail authorities to submit a medical report on the health conditions of Swamy who is presently lodged in Taloja jail. The report has to be submitted by May 15, 2021. .Senior Advocate Mihir Desai, appearing for Swamy, told the Court that the octogenarian is suffering from advanced stages of Parkinson disease. He also highlighted how rise in COVID cases in the prison is causing serious apprehension to Swamy's health..The Court prima facie indicated that since Swamy has been in jail since his detention in October 2020, he would be entitled for release from jail..However, before coming to any conclusion, the Court sought NIA's response. The Court also granted leave to Swamy to move the vacation bench after he receives the medical report from the jail..Swamy, in his plea, contended that though he was being investigated since 2018, he was arrested only in 2020 and was remanded to judicial custody immediately after his arrest without any police custody..Swamy claimed that he is "surviving in prison only because a co-accused in the case is taking care of him and helping him carry out daily chores". However, his health is deteriorating and further detention would amount to violation of his right to dignity and life, it was submitted. .He also pointed out that there are more than 200 witnesses in the case and the trial is unlikely to begin anytime soon. "If the Appellant remains incarcerated for this many years, chances of him being alive to face trial is highly improbable," the plea stated. .He also relied upon the order passed in co-accused Dr. Varavara Rao's case granting him temporary bail of 6 months. .Constitutional Court cannot be mute spectator to Rao’s health deteriorating in govt hospitals: Bombay High Court in Varavara Rao bail order.Swamy also filed an interim application seeking condonation of delay in challenging the order of October 2020 since there was a delay of more than 90 days in filing the appeal..Desai, however, pointed out that as per the order of the Supreme Court extending the limitation period under any general or special laws in respect of all judicial or quasi-judicial proceedings, the issue of limitation will not apply..Relying upon the order, the Court disposed of the application holding that delay stood condoned.