83-year-old Activist, Stan Swamy denied bail by special court

Tribal Activist Stan Swamy denied bail on Monday by a special court. Source- Live Law

A special court of the National Investigation Agency denied the bail plea of Stan Swamy. The court denied the plea on account of both merits as well as medical grounds.

Stan Swamy, an 83-year-old Tribal Rights Activist was arrested in October 2020. The NIA arrested the activist from Ranchi last year in connection to the Elgar Parishad case. He was brought to Mumbai the very next day and has been in judicial custody ever since. He is currently kept in Taloja Jail in Navi Mumbai.

The National Investigation Agency (NIA) filed a charge sheet in the name of Stan Swamy. They claimed that he was a part of the banned organization CPI (Maoist). They also claimed that Swamy was responsible for spreading awareness about their activities. This was after several members of the party were arrested.

Stan Swamy worked in an NGO in Jharkhand. He denied these charges against him. He also said that the evidence found in his laptop could be “manipulated and planted on an insecure digital divide”.

In his 31-page bail plea, Swamy stated that his arrest was "mala fide" and "uncalled for".

Swamy's lawyer, Sharif Shaikh stated that the NIA could not provide any concrete evidence. There was no proof that linked Swamy to this said organization. He also stated that Swamy was being framed for his nature of work.

In the bail plea, Swamy also stated that he was not sought immediately after the launch of the FIR. This proved that he was neither a flight risk nor someone who would tamper with evidence.

The 83-year-old activist suffers from Parkinson's disease. He has also lost the ability to hear from both of his ears. His bail application reads, "He has undergone two hernia operations and is still suffering from abdomen pain. He suffers intense pain due to lumbar spondylosis i.e. the tear and wear of the lumbar disc and tremors in both hands due to Parkinson's.

In Fact, he was recently shifted to the prison hospital and is being taken care of by other inmates." A month ago, a straw and sipper was given to him in jail for drinking water. He was unable to drink water without a sipper because of Parkinson's.

When the bail plea was finally presented in front of the court, it was rejected. Special prosecutor Prakash Shetty claimed that they have enough evidence that links him to this organization.

The detailed order of the court proceedings is yet to be heard.

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