Clear Fr Stan Swamy’s name in Elgar case: Lawyer to Bombay High Court

Stan Swamy. File pic

The late tribal rights activist Stan Swamy's lawyer has written to the Bombay High Court urging it to "clear his name and reputation" in the Elgar Parishad-Maoist links case. Swamy, a Jesuit priest-turned-activist, died in hospital on July 5. Senior counsel Mihir Desai week wrote a note to the high court on behalf of the Jamshedpur Jesuit Province (JJP) which is seeking to pursue Swamy's case as his next of kin.

It has taken objection to the lower court's observation while rejecting Swamy's bail plea in March that there was prima facie evidence against him. The special court's observations while refusing bail amounted to a preliminary finding of guilt against Swamy and the high court, which was hearing an appeal against the order, can continue the hearing and set aside the observation, as per the JJP.

"Article 21 of the Constitution applies to deceased persons too and just as the Appellant [Swamy] would have had a right to clear his name if he were alive, similarly those close to him will have a right to clear his name," the note stated.

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