Swamy’s death cannot be used to drop charges: NIA to Bombay HC
The NIA opposes a petition to clear Jesuit priest Stan Swamy's name posthumously from charges related to the Elgar Parishad case, citing lack of legal merit.
MUMBAI: The National Investigation Agency (NIA) on Tuesday opposed a petition filed in the Bombay High Court seeking to remove the “odium” of criminal charges against Jesuit priest Father Stan Swamy who died in custody in July 2021 while awaiting trial in the Elgar Parishad case.
A renowned tribal rights activist, the Jesuit priest was one of 16 people arrested under the Unlawful Activities (Prevention) Act (UAPA) for his alleged role in violence that broke out at Bhima Koregaon in 2018. The Elgar Parishad had held a meeting in Pune on January 1 to commemorate the 200th anniversary of the Battle of Bhima Koregaon, which led to violence and the resultant death of one person, investigators claim. The trial against the remaining 15 accused in the case has yet to begin.
The petition in the Bombay High Court was filed by Stan Swamy’s friend and fellow Jesuit priest Fr. Frazer Mascarenhas who retired in 2015 as principal of St. Xavier’s College in Mumbai. In his response to the petition, Vikram Khalate, NIA’s Deputy Inspector General for Mumbai region, stated that the petition was not maintainable and lacked legal force. He asserted that the petition was devoid of merit and was liable to be dismissed at the threshold.
The petition was filed after legal counsels who had appeared for his bail while he was still alive, sought a declaration from court that Fr. Swamy be termed innocent in the Elgar Parishad case since the trial against him had not even begun. The petition filed through advocates Mihir Desai and Mihir Joshi also requested for a proper inquiry into his death in custody. They stated that the March 2021 observation of the special NIA court that Father Swamy was prima facie involved in the Elgar Parishad case had caused widespread hatred against the priest and damaged his reputation. Since, Fr. Swamy had not been tried before he passed away, he should be absolved of the accusations and his good name be cleared, the petitioner argued.
The NIA, in turn, stated that the petitioner has sought multiple prayers in one writ petition which can lead to complexities as each prayer depends on a distinct set of arguments. “The petitioner has approached the court based on assumptions and the whole petition is floating in an unreasonable direction and wanting for something to be done without any legal basis,” Khalate added. The NIA DIG also stressed that Fr. Swamy’s death cannot be used by the petitioner to assume that he was not guilty.
“To declare the accused not guilty would only arise after due trial,” said the NIA. Any assertion to the contrary would supersede well-established rule of law, the agency added.
The NIA further pointed out that it has complied with the orders passed by the magistrate court on July 5, 2021 which directed the authorities to conduct an inquiry into Fr. Swamy’s death while in custody. However, it said, if the petitioner feels that the order was not followed properly, it is his duty to point out the basis for it.
“There is nothing to show that the magistrate has not conducted the inquiry in accordance with the law. The petitioner has approached the court purely on the basis of unfounded apprehension,” said Khalate. Additionally, he said that the petitioner’s prayer to quash the Special NIA Court’s observations dated March 22, 2021, declaring Stan Swamy’s prima facie guilt, too is not maintainable as the proceedings against Fr Stan Swamy have already abated on account of his death.
