Right to Have Stan Swamy's Name Cleared: Jesuits Urge Bombay HC

Human rights activist and Jesuit priest Stan Swamy's counsel and the Jamshedpur Jesuit Province have requested the Bombay High Court to clear Swamy's name and reputation in the Bhima Koregaon case. Image used for representation. 

(Photo: The Quint)

Human rights activist and Jesuit priest Stan Swamy's counsel and the Jamshedpur Jesuit Province have requested the Bombay High Court to clear Swamy's name and reputation in the Bhima Koregaon case.

Representing the Jesuit province, senior counsel Advocate Mihir Desai stated, "Article 21 (Right to dignity) of the Constitution equally applies to deceased persons and just as the Appellant (Father Swamy) would have had a right to clear his name if he were alive, similarly those closest to him would have a similar right to clear his name," LiveLaw reported.

The 84-year-old undertrial prisoner had passed away on 5 July after suffering from a cardiac arrest.

Weeks before his death, he had told the Bombay High Court that all he wanted was to go home.

He was arrested last year on 8 October in the Bhima Koregaon case under the stringent Unlawful Activities (Prevention) Act (UAPA) and was languishing in Taloja Jail since.

Assisted by Advocate Mihir Joshi, Advocate Desai has had also submitted a note to the High Court pertaining to Swamy's pending bail appeals.

He has contended that the observations made during the special NIA Court's refusal of bail are equivalent to preliminary findings of guilt, which the high court can set aside, LiveLaw reported.

Additionally, a note seeking directions regarding the mandatory judicial inquiry into Swamy's death, as prescribed under Section 176 (1-A) of the Criminal Procedure Code (CrPC), has also been filed by Desai.

(With inputs from LiveLaw)