Bombay HC withdraws comment for Stan Swamy after NIA objects

The Bombay High Court on Friday withdrew oral observations it made while hearing posthumously the appeals made by late Christian priest Stan Swamy., who was an accused in Elgar Parishad.  This came after Additional Solicitor General (ASG) Anil Singh, who was representing the National Investigation Agency (NIA), raised objections during a hearing on Friday. Singh said that there is a negative perception being created against the NIA and this affects the moral of the investigators. The ASG submitted that after the comments were made by Justice Shinde in open court, it was widely reported in the media.

Justice SS Shinde, however, said that even judges are human beings and the news of Father Stan Swamy's death on July 5 was sudden. Justice Shinde said, "I had said, so far as legal issues are concerned, that is different. Suppose you are hurt that I personally said something, I take those words back. Our endeavour is always to be balanced. We have never made comments... But you see Singh, we are also human beings and something suddenly happens like this. " If it hurt anyone, he will withdraw his comment. Justice Shinde also clarified at the outset that no personal comments were made against any lawyer or agency in the case.

Justice Shinde further emphasised that he appreciated ASG's conduct in court and "admired the fact that he never got attached to any case". Justice SS Shinde, in the previous week, had spoken about appreciating Stan Swamy's work as a tribal leader. During the hearing, Senior Advocate Mihir Desai appearing for Stan Swamy sought certain directions from the court in connection with the investigation to be conducted by the magistrate into the custodial death of Stan Swamy. He sought for the report to be submitted before the high court, which was vehemently opposed by the NIA.