The National Investigating Agency (NIA) has opposed the bail plea filed by Jesuit priest and activist Stan Swamy within the Bombay High Court, saying the Elgar Parishad case accused was a “Maoist” who engaged in actions to unfold Maoism, and that he was a part of a “deep rooted controversy to overthrow the government.”
The central company urged the HC to dismiss the plea of Stan Swamy, 84, saying his allegations of fabricated proof, his denial of getting performed any function within the mentioned conspiracy and different fees towards him, had been all “endeavours to confuse truth with falsehood, and to create a mist around the evidence and reality.”
In an affidavit filed within the HC earlier this week, the NIA opposed the attraction filed by Stan Swamy by way of his counsel, senior advocate Mihir Desai, during which the priest had challenged a particular court docket’s order denying him bail on well being grounds in addition to on deserves within the Elgar Parishad-Maoist hyperlinks case.
Stan Swamy, who has informed the HC on a number of events that he suffers from superior stage of Parkinson’s illness (a mind dysfunction) and plenty of different illnesses, is at the moment present process remedy at a Mumbai-based personal hospital, the place, as per the hospital report, his situation is “critical” and he’s in “need of intensive care.”
In its affidavit, nonetheless, the NIA has mentioned there isn’t any proof that Stan Swamy suffers from Parkinson’s or every other sever ailment.
“Appellant /accused (Stan Swamy) has filed alleged medical documents. The same is not conclusive proof of alleged Parkinson disease or lumbar spondylosis. Moreover, the said medical documents which are disputed, including documents dated September 24, 2019, are more than one-year-old reports. It is, categorically submitted that the appellant/accused be put to strict proof of facts as alleged in the said documents,” the affidavit reads.
The central company mentioned the particular NIA court docket had been considered whereas denying Stan Swamy bail and that the court docket had taken into consideration that the jail authorities at Taloja, the place Stan Swamy has remained lodged as an undertrial since his arrest in October 2020, had been effectively geared up to offer him crucial assist.
It additional mentioned digital proof collected within the case had revealed that Stan Swamy was an energetic member of the CPI (Maoist) and that he and his co-accused had been a part of a “deep-rooted conspiracy to commit an offence against the state” and to “disturb public tranquility.”
“Stan Swamy and the other accused in the case intended to spread “the ideology of Maoism/Naxalism,” the affidavit reads.
The agency claimed to have relied upon several books and literature that it recovered during raids at Stan Stan Swamy’s residence in Ranchi before his arrest to conclude that the tribal rights activist should be arrested and arraigned as an accused in the case.
These include “literature of fifty years of Naxalbari,” letters exchanged between Stan Swamy and his associates on “mobilizing adivasis,” and a “information on encrypted knowledge communication on GSM community,” among other things.
The anti-terror agency further said while Stan Swamy had tried to pretend before the courts that he was not well versed with technology, he had deleted several incriminating files from his personal computer before his arrest.
The NIA had recovered the deleted files, it said in the affidavit. “The act of deleting the information exhibits Stan Swamy was making an attempt to flee from legal justice. This act exhibits the accused is a really technologically sound particular person,” the affidavit reads.
A bench of Justices SS Shinde and NJ Jamadar was presiding over Stan Swamy’s attraction towards the particular court docket order denying him bail in March this yr.
The bench adjourned the listening to to July 3 after taking the NIA”s affidavit on report. It additionally permitted advocate Desai to file a rejoinder to the affidavit by the following date of listening to.
The bench additionally prolonged Stan Swamy’s keep on the personal Holy Family Hospital in suburban Bandra, the place he’s present process remedy within the ICU, until July 5.
The Elgar Parishad case pertains to alleged inflammatory speeches delivered at a conclave held at Shaniwarwada in Pune on December 31, 2017, which the police claimed triggered violence the following day close to the Koregaon-Bhima struggle memorial on the western Maharashtra metropolis’s outskirts.
The Pune Police had claimed the conclave was backed by Maoists.
The NIA later took over the probe into the case during which a number of activists and academicians have been named as accused.
(Except for the headline, this story has not been edited by NDTV employees and is printed from a syndicated feed.)