Speedy Trial Is A Fundamental Right: Bombay HC Commented With Respect To Bhima Koregaon Caste Violence Case

WHO WAS STAN SWAMY

• Stan Swamy was the last person out of the 16accused to be arrested and falsely accused in Bhima Koregaon case and sent to jail.
• He was aged 84 years and was suffering from Parkinson’s disease.
• He was the eldest among all those who were arrested and the frailest.
• He was arrested on October 9 and after receiving a directive from the High Court, he was shifted to a private hospital from the Taloja Central Jail on May 29.

FILING OF REPORT

• Senior Advocate Mihir Desai filed a petition.
• He sought a judicial probe into Stan Swamy’s death on July 5.
• Mr. Desai put before the Court that he was seeking an inquiry into what happened in jail that ultimately led to his death and not searching for the cause of the death.
• He also sought filing of a report in the Court and that next to kin of Father Frazer Mascarenhas, former principal of St. Xavier’s College should be allowed to take part in the inquiry.
• He further said that he wanted the probe to follow the guidelines issued by the National Human Rights Commission, and file the report in the High Court.

OBSERVATIONS OF THE COURT

• The Court remarked that speedy trial is a fundamental right and questioned for how many years without trial should people languish in jail.
• Justice S. S. Shinde and N. J. Jamadar made the comment with respect to the people who were accused in Bhima Koregaon caste violence case.
• The Court put up the question that as charges are not framed in the case, how many more witnesses were to be examined and how many more years would that take.
• The Court also said that, while deciding the medical bail applications, the Court cannot keep aside the humane considerations, the services he rendered to society, and that the Court respects his work.

COUNSEL FOR NIA

• Advocate Sandesh Patil for NIA said that while the HC was hearing Swamy’s bail appeals, they had sought time as ASG Anil Singh was held up before another Bench.
• He also took exception for the accuser’s counsel projecting the NIA and jail authorities as being responsible for what happened.
• The matter will be next heard on July 23.

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