Elgar case: HC notice to NIA on medical bail plea of Stan Swamy
May 04, 2021  14:37
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The Bombay High Court on Tuesday directed the National Investigation Agency (NIA) to file a reply to the medical bail plea of tribal rights activist Stan Swamy, an accused in the Elgar-Parishad Maoist links case. 

 A bench of Justices S S Shinde and Manish Pitale also directed the Maharashtra government authorities to file a report on Swamy's current health condition by May 15. 

 Swamy, 84, had approached the HC challenging a special NIA court's decision in March this year when the latter rejected his plea for bail sought on medical grounds and merits of the case.

 Swamy's counsel and senior advocate Mihir Desai told the bench that the Jesuit priest was arrested in October 2020 and has since been at the Taloja prison hospital. 

 "He is in the advanced stage of Parkinson's disease. He has lost the ability to hear. Given the raging COVID19 pandemic, our request is to at least grant him temporary bail," Desai said.

 The bench then said Swamy was "certainly entitled to bail", and asked what were the charges against Swamy and at what stage was the Elgar-Parishad case hearing before the special NIA court. Desai said Swamy had been charged under several stringent sections of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
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