Bombay HC Withdraws Personal Comments After NIA Raises Objection

Father Stan Swamy's death, as an undertrial prisoner, has triggered international condemnation.

Stan Swamy passed away on 5 July after he suffered a cardiac arrest. Image used for representational purposes. 

(Photo: Aroop Mishra/The Quint)

A bench of Bombay High Court headed by Justice SS Shinde on Friday, 24 July, withdrew statements made in praise of late Father Stan Swamy, after NIA's objection.

Father Stan Swamy's death, as an incarcerated undertrial in the Bhima Koregaon case, has sparked outrage and triggered international condemnation.

The Bombay High Court bench said that irrespective of the legal matter, they admired Swamy's work for society and did not anticipate his death.

Additional Solicitor General (ASG) Anil Singh, representing the National Investigation Agency (NIA), raised objections to this comment during a hearing on Friday.

Singh alleged that after the comments were made by Justice Shinde in open court, there is a negative perception being created against the NIA and this affects the moral of the investigators.

What Did Justice SS Shinde Say?

Shinde said that they admired his work for society and did not anticipate his death.

Justice SS Shinde, said that even judges are human beings and the news of Father Stan Swamy's death on 5 July was sudden.

Justice Shinde Takes Back His 'Personal' Comments

Shinde said that if his 'personal' comments hurt anyone, he will withdraw it. He also clarified at the outset that no personal comments were made against any lawyer or agency in the case.

"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."

Justice SS Shinde, Bombay High Court

Shinde noted that he appreciated ASG's conduct in court and "admired the fact that he never got attached to any case".

Meanwhile, judicial inquiry into Swamy’s death is yet to begin. The Maharashtra government told the high court that the judicial magisterial inquiry into Swamy’s death is yet to begin, reported Indian Express.