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Bombay HC issues notice to NIA on bail plea by Octogenarian Stan Swamy

Bombay HC issues notice to NIA on bail plea by Octogenarian Stan Swamy

Bombay HC issues notice to NIA on bail plea by Octogenarian Stan Swamy in Elgar Parishad case

04/05/2021

The Leaflet / by Byhamza Lakdawala

The Bombay High Court Tuesday issued notice to the National Investigation Agency (NIA) on a plea filed by octogenarian Father Stan Swamy, seeking bail on medical grounds.
A bench of Justices SS Shinde and Manish Pitale also directed the Taloja jail authorities to file a report indicating Stan Swamy’s health status.
The bench listed the matter in the week commencing from May 15.
Read more

Bombay HC Issues Notice To NIA Over Activist Stan Swamy’s Bail Plea

04/05/2021

Outlook / by Outlook Web Bureau

Stan Swamy (84) was arrested in October 2020 in connection with the Elgar-Parishad Maoist links case.
The Bombay High Court Tuesday issued a notice to the National Investigation Agency (NIA) directing it to file a reply to tribal rights activist Stan Swamy’s medical bail plea.
Swamy (84) was arrested in October 2020 in connection with the Elgar-Parishad Maoist links case. He has been charged under the Unlawful Activities (Prevention) Act (UAPA) and various other sections of the Indian Penal Code (IPC).
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By Live Law (May 4):
+++ The Bombay High Court will hear 84-yr-old tribal rights activist Father Stan Swamy’s appeal for emergency bail +++
+++ Matter begins.
J Shinde- What is the position of the proceedings before the sessions court?
Sr Adv Mihir Desai – Even the charges have not been framed +++
Desai – He is got advanced Parkinsons and has a hearing problem. With covid spreading in prisons, its become very difficult for him. APP Yagnik for the State says he needs time to file a reply +++
+++ J Shinde says they will keep the medical bail application during the vacation and regular bail application can be heard later +++
+++ Court issues notice on Fr Stan Swamy’s bail plea on merits +++
Court begins dictating the order. Court – Adv Desai submits that limitation in filing the appeal for emergency bail won’t apply in view of the SC’s orders +++
+++ Court – The fact that the appellant is in jail and did not gain an advantage by delaying the appeal. Delay condoned +++
+++ Court – Mr. Yagnik assures the court that Father Stan’s medical reports will be submitted by May 15, 2021. Father Stan Swamy’s lawyers are at liberty to mention his emergency bail application after May 17, 2021 +++
+++ Court allows an amendment for the State to be added as a party in both the bail appeals. hearing ends +++

Father Stan Swamy Moves Bombay High Court For Bail

27/04/2021

Live Law / by Sharmeen Hakim

Father Stan Swamy, tribal rights activist and an accused in the Elgaar Parishad – Bhima Koregaon Case has approached the Bombay High Court challenging rejection of his bail pleas by the Special Court under the National Investigating Agency Act.
The 84-year-old Jesuit priest has filed an appeal against two orders of the NIA court, the first rejecting his emergency bail application on health grounds in October, last year, and the second order from March 21, 2021, rejecting his bail plea on merits.
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Bhima Koregaon accused Stan Swamy files appeal before Bombay HC challenging Special NIA Court order refusing bail

27/04/2021

Bar & Bench / by Neha Joshi

Swamy was arrested from his house in Ranchi on October 8, 2020 for his alleged role in inciting riots at Bhima Koregaon in 2018. He was later remanded to judicial custody and lodged in Taloja jail.
His bail plea on the ground of medical emergency arising due to COVID-19 pandemic was rejected in October by the Special Court dealing with cases investigated by the National Investigation Agency (NIA).
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Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

Bombay HC seeks NIA, MHA and Maharashtra’s response to Rona Wilson, Shoma Sen’s challenge to their UAPA prosecution

04/05/2021

The Leaflet / by The Leaflet

The Bombay High Court Tuesday asked the National Investigation Agency (NIA), Ministry of Home Affairs (MHA) and the state of Maharashtra to file their respective responses to the petitions filed by Rona Wilson and Professor Shoma Sen, accused in the Bhima Koregaon case, challenging the decision of the Maharashtra Government granting sanction to prosecute them under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act.
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Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

04/05/2021

News 18 / by pti

A bench of Justices S S Shinde and Manish Pitale also directed the NIA, which is conducting a probe into the case, to file its reply to Sen’s petition.
The Bombay High Court on Tuesday directed the Maharashtra government to file its replies to petitions filed by activists Rona Wilson and Shoma Sen, seeking quashing of charges against them in the Elgar Parishad-Maoist links case. A bench of Justices S S Shinde and Manish Pitale also directed the NIA, which is conducting a probe into the case, to file its reply to Sen’s petition.
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Prof Shoma Sen claims evidence forged, planted on digital devices; moves Bombay HC challenging UAPA charges

15/04/2021

Bar & Bench / by Neha Joshi

Sen was arrested for her involvement in connection to the violence in Bhima Koregaon case and has been in judicial detention since then without bail.
Bhima Koregaon accused Shoma Sen has filed a petition before the Bombay High Court challenging the charges slapped against her by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA).
Sen, in her plea, contended that the prosecution’s case against her is built on evidence which was planted on digital devices belonging to a co-accused Rona Wilson.
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Prof Shoma Sen challenges prosecution under UAPA; says evidence against her is unfounded, forged and planted on co-accused’s digital devices

14/04/2021

The Leaflet / by The Leaflet

An accused in the Bhima Koregaon case, Professor Shoma Sen, has petitioned the Bombay High Court challenging her prosecution under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act.
Sen, a former Head of Department of English at Nagpur University, alleged that that the case against her had been built entirely on unfounded, forged, hearsay evidence that was planted on digital devices belonging to a co-accused-Rhona Willson, which (devices) were “illegally” seized by the police in complete violation of all safeguards and procedures mandated under applicable law.
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Also read: Bhima Koregaon Accused Rona Wilson Moves Bombay High Court Seeking SIT Probe Into The Report That ‘Incriminating Materials Were Planted On His Laptop’ (Live Law, Feb 2021)

Release Sudha Bharadwaj! / Health of Trade Unionist Sudha Bharadwaj deteriorates in Jail

Release Sudha Bharadwaj! / Health of Trade Unionist Sudha Bharadwaj deteriorates in Jail

Update by Bar & Bench (May 13):
#BombayHighCourt directs State to file medical report of #elgarparishadcase accused Sudha Bharadwaj in her application for interim bail on medical grounds +++
The medical report will be filed by the State on May 17, the application will be heard on May 21. Bench of Justices KK Tated and Abhay Ahuja heard the plea today +++
Update by ayesha arvind (May 13)
Daughter of #SudhaBharadwaj has approached #BombayHC seeking interim medical bail for the activist. HC calls for her medical report on May 17. Bharadwaj will be taken to JJ hospital today. #NIA says there’s no urgency in the matter. Next date of hearing- May 21 +++
Her counsel says #SudhaBharadwaj is in a ward with 50 other women, incarcerated in extremely unsanitary conditions. No possibility of social distancing. Says state must file reply soon. HC- state working on only 15% strength. Will have to give them at least 4 weeks to file reply +++

Video: Release Sudha Bharadwaj!

01/05/2021


hindi | 3:07min | 2021

By ground xero

Kaladas, a cultural activist and a long term associate of Sudha Bharadwaj discusses her current medical condition and the political reasons for her arrest. He appeals to all comrades to support her immediate bail and medical treatment.
Demand immediate of Sudha Bharadwaj. Demand immediate release of all political prisoners.
Watch video

Click to enlarge
Bhilai (Chhattisgarh, May 1, 2021)

Health of Trade Unionist Sudha Bharadwaj deteriorates in Jail

02/05/2021

tnlabour.in / by tnlabour.in

Workers demand her immediate release and proper medical treatment
Trade Union leader and Advocate Sudha Bharadwaj’s health condition has deteriorated in Byculla Jail in Maharashtra. She has been complaining of body aches and diarrhoea in the past week. Her union members and family sent messages today saying she is having difficulty breathing. Even though these are typical symptoms of COVID and the jail has over 40 COVID positive patients, she is not being treated as per covid protocol. The Jail authorities claim that her RT-PCR for covid is negative.
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Health of Trade Unionist Sudha Bharadwaj Deteriorates in Jail: Workers Demand Release

01/05/2021

Ground Xero / by Ground Xero

Workers demand her immediate release and proper medical treatment
Trade Union leader and Advocate Sudha Bharadwaj’s health condition has deteriorated in Byculla Jail in Maharashtra. She has been complaining of body aches and diarrhoea in the past week. Her union members and family sent messages today saying she is having difficulty breathing. Even though these are typical symptoms of COVID and the jail has over 40 COVID positive patients, she is not being treated as per covid protocol. The Jail authorities claim that her RT-PCR for COVID is negative.
Read more

NIA Denies Hacking Rona Wilson’s Laptop / Objects to entertaining petition based on Arsenal Report

NIA Denies Hacking Rona Wilson’s Laptop / Objects to entertaining petition based on Arsenal Report

NIA Denies Hacking Rona Wilson’s Laptop In Bhima Koregaon Case; Says Arsenal Consulting Has No Locus To Give Opinion Of Sub-Judice Matter

01/05/2021

Live Law / by Sharmeen Hakim

The National Investigation Agency (NIA) has denied the report by digital forensics firm Arsenal Consulting, which concluded that incriminating material, including a conspiracy to kill the Prime Minister and overthrow the government, was planted on Elgaar Parishad – Bhima Koregaon accused, researcher Rona Wilson’s laptop.
The NIA made these claims in an affidavit to oppose interim relief to Wilson, stating his petition before the Bombay High Court was not maintainable.
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Rona Wilson can´t rely on Forensic Report by US firm to seek quashing of Case: NIA to Bombay High Court

01/05/2020

Bar & Bench / by Neha Joshi

The petitioner can rely upon the same only during the trial when evidence is led and not in a plea seeking quashing, the NIA submitted.
The forensic report by US firm, Arsenal Consulting cited by Bhima Koregaon accused Rona Wilson to claim innocence, is not part of the chargesheet and cannot, therefore, be relied upon by the accused to seek quashing of chargesheet, the National Investigation Agency (NIA) has told the Bombay High Court.
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NIA objects to entertaining petition based on Arsenal Consulting Report

30/04/2021

The Leaflet / by Nihalsing B Rathod

THE Bhima Koregaon case came into the spotlight again when The Washington Post made a sensational revelation that the electronic evidence being used against the activists in the Bhima Koregaon case was planted. It relied on the report prepared by a digital forensics firm, M/s Arsenal Consulting, which was approached by the defence lawyer of one of the accused, Rona Wilson, for examining an electronic copy of his seized laptop.
Wilson, who has been an under-trial in the Bhima Koregaon case since June 6th, 2018, recently approached the Bombay High Court, invoking Article 226 of the Constitution of India, and Section 482 of the Criminal Procedure Code, 1973, seeking the quashing of sanctions to prosecute him and others under the draconian Unlawful Activities (Prevention) Act, 1967.
Read more

Also read: Why Sudhir Dhawale’s acquittal in a 2014 case of Naxal involvement is relevant to the Bhima Koregaon arrests (The Caravan, June 2018)

Planted Evidence: Bombay HC to Hear Rona Wilson, Shoma Sen’s Pleas on April 29

Planted Evidence: Bombay HC to Hear Rona Wilson, Shoma Sen’s Pleas on April 29

The Wire / by pti

The activists had moved the court alleging tampering of evidence in light of the reports published by US cyber forensic firm Arsenal Consulting.
The Bombay High Court on Thursday said it will hear the petitions filed by activists Rona Wilson and Shoma Sen in the Bhima Koregaon case on April 29.
The activists had moved the court alleging tampering of evidence in light of the reports published by US cyber forensic firm Arsenal Consulting and seeking that the charges against them be quashed.
Read more

More Proof Of Planted Evidence On Rona Wilson’s Computer / More Damning Signs of Planted Evidence

More Proof Of Planted Evidence On Rona Wilson’s Computer / More Damning Signs of Planted Evidence

Forensics Firm Finds More Proof Of Planted Evidence On Rona Wilson’s Computer: Report

21/04/2021

Medianama / by Advait Palepu

In its second report, Massachusetts-based digital forensics firm Arsenal Consulting found that a malicious software used by an attacker had planted an additional set of files on prison rights’ activist Rona Wilson’s computer. The firm said that there was no evidence that Wilson interacted with these files and documents, which are cited by the National Investigative Agency (NIA) in its charge-sheet against Wilson and others in the Bhima-Koregaon case.
The Washington Post and The Reporter’s Collective were the first to report on the findings of Arsenal Consulting.
Read more

In Bhima-Koregaon Case, More Damning Signs of Planted Evidence

21/04/2021

Article 14 / by Shreegiresh Jalihal/THE REPORTERS’ COLLECTIVE

A new report by a leading US digital forensic company offers ‘irrefutable’ proof of arrested activist Rona Wilson’s devices being hacked and explains how 22 files were planted. These files are key evidence in the Bhima-Koregaon case, where 16 academics, lawyers, artistes are imprisoned without bail or trial.
A new report from a US-based digital forensics company has said a hacker planted 22 “incriminating” files in activist Rona Wilson’s computer, days after violence in the Maharashtra town of Bhima-Koregaon in January 2018.
Read more

Also read:
► KEY EVIDENCE AGAINST JAILED ACTIVISTS PLANTED USING MALWARE, SAYS FORENSIC REPORT [READ REPORT] / VIDEO: PLANTED EVIDENCE? (Feb 2021)
► Prison-rights activist Rona Wilson’s hard disk contained malware that allowed remote access (The Caravan, March 2020)

NIA to court: Report of digital consultant submitted by Teltumbde not authenticated

NIA to court: Report of digital consultant submitted by Teltumbde not authenticated

The Indian Express / by Sadaf Modak

The report was submitted by Teltumbde’s lawyers last month to the court seeking permission to rely on it at the time of his bail application.
The NIA has said that the special court hearing the Elgar Parishad case should not rely on the report of a US-based digital consultant submitted by accused Anand Teltumbde during his bail hearing as it is not authenticated. The report prepared by Arsenal Consulting had said that incriminating evidence claimed to have been found on the electronic device of his co-accused Rona Wilson was planted.
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Supreme Court Reserves Order On Gautam Navlakha’s Plea For Default Bail

Supreme Court Reserves Order On Gautam Navlakha’s Plea For Default Bail

Supreme Court Reserves Order On Gautam Navlakha’s Plea For Default Bail

26/03/2021

Live Law / by Livelaw News Network

The Supreme Court on Friday reserved its order on a plea filed by senior journalist and activist Gautam Navlakha, against an order of the Bombay High Court denying him default bail in the Bhima Koregaon case.
The Bench comprising of Justice UU Lalit and Justice KM Joseph said that it will release the order after 7th April, as Justice Joseph is not available until then.
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Supreme Court To Hear Gautam Navlakha’s Plea For Default Bail As First Item Tomorrow

25/03/2021

Live Law / by Mehal Jain

On the request of the National Investigation Agency, the Supreme Court today adjourned the hearing on Bhima Koregaon accused Gautam Navlakha’s bail plea to 10:30 a.m. on Friday as the first item on the board.
Appearing before a bench headed by Justice UU Lalit, ASG SV Raju advanced,
“I am seeking only one day’s accommodation. It is not a regular bail application. If it was regular bail, I would understand. It is a default bail application on some hyper technical grounds…”
Read more

Supreme Court To Hear Gautam Navlakha’s Plea On March 22

15/03/2021

Live Law / by Livelaw News Network

Whether Period Of Unlawful Custody Should Be Considered For Default Bail?
The Supreme Court on Monday said that it will hear on March 22 the petition filed by activist Gautam Navlakha challengingthe Bombay High Court judgment which rejected his plea that he should be granted default bail by computing his 34-day period of house arrest in 2018.
A division bench comprising Justices UU Lalit and KM Joseph adjourned the hearing on Monday at the request of the National Investigation Agency for filing a counter affidavit to Navlakha’s plea.
Read more

Special NIA Court’s Reasons For Denying Bail To Father Stan Swamy [read order]

Special NIA Court’s Reasons For Denying Bail To Father Stan Swamy [read order]

Special NIA Court’s Reasons For Denying Bail To Father Stan Swamy [read order]

24/03/2021

Live Law / by Sharmeen Hakim

A Special NIA Court, in Mumbai, has held that a police officer’s internal report can be considered while rejecting the bail application of an accused even after a charge sheet has been filed, if the investigating agency was granted permission for further investigation.
Special judge DE Kothalikar cited a last-minute report by an Assistant Investigating Officer to the Superintendent of Police NIA while rejecting 83-year-old tribal rights activist, Father Stan Swamy’s bail application, on Monday.
Read more/read order

Collective interest of community outweighs right of personal liberty of Stan Swamy: Special NIA Court while rejecting bail to Swamy [read order]

23/03/2021

Bar & Bench / by Neha Joshi

The material placed on record prima facie indicated that Swamy was carrying out activities to “overthrow the democracy of the nation”, the Court said.
Collective interest of community will outweigh the right of personal liberty, the Special Court observed on Monday in its order refusing to grant bail to Stan Swamy, accused in the 2018 Bhima Koregaon violence.
Read more
Read order, documented by Bar & Bench (PDF): Fr__Stan_Swamy_v__State_of_Maharashtra

Stan Swamy had hatched a ‘serious conspiracy’ to overthrow government, says NIA court order

23/03/2021

Scroll.in / by Scroll Staff

The 83-year-old Jesuit priest was denied bail by the court on Monday in the Bhima Koregaon violence case.
The special National Investigation Agency court that rejected the bail petition of 83-year-old Jesuit priest and activist Stan Swamy said that prima facie he had conspired with members of a banned Maoist organisation to create unrest in India and to overthrow the government, PTI reported.
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NIA Court Refuses Bail To Stan Swamy In Bhima Koregaon Case

22/03/2021

Live Law / by Sharmeen Hakim

The Special NIA Court Mumbai on Monday refused to grant bail to 83-year-old Father Stan Swamy, a tribal rights activist, from Ranchi, in Jharkhand, accused in the 2018 Bhima Koregaon – Elgaar Parishad case. Special Judge under the NIA Act DE Kothlikar passed the order dismissing the bail application, which had also cited medical grounds on account of Parkinsons disease of Stan Swamy.
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Stan Swamy’s bail plea rejected by NIA court

22/03/2021

Gauri Lankesh News / by Gauri Lankesh News Desk

… Swamy’s lawyer claimed that the evidence allegedly relied upon by the NIA was correspondence with various people to seek legal aid for Swamy’s organisation, Persecuted Prisoners Solidarity Committee (PPSC), which works for undertrial Adivasis and Dalits falsely accused as Maoists…
The NIA chargesheet filed against Swamy had claimed that he is a member of banned organization CPI (Maoist), and that he was given the responsibility of spreading its activities after the arrest of many party members. Purportedly, Swamy was a staunch supporter of organisations like Vistapan Virodhi Jan Vikas Andolan and People’s Union for Civil Liberties involved in activities for CPI (Maoists), it was submitted.
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Special NIA court rejects Stan Swamy’s bail plea

22/03/2021

The Hindu / by Sonam Saigal

He has been working with tribals since decades and is currently lodged at Taloja Central Jail after being arrested from Ranchi on October 9, 2020.
The special National Investigation Agency (NIA) court on Monday rejected the bail plea filed by Jesuit priest Stan Swamy in the Bhima-Koregaon violence case.
Read more

Stan Swamy’s bail plea order reserved, court to pronounce verdict on March 22

Stan Swamy’s bail plea order reserved, court to pronounce verdict on March 22

Stan Swamy’s bail plea order reserved, court to pronounce verdict on March 22

17/03/2021

Scroll.in / by Scroll Staff

Swamy’s bail plea was deferred on March 11 after the NIA filed an application to place on record additional documents in the case.
A Mumbai court on Tuesday reserved the order on the bail plea of activist and Jesuit priest Stan Swamy, arrested in the Elgar Parishad case, reported Bar & Bench. The special National Investigation Agency court will pronounce its verdict on March 22.
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NIA court to pass order on Stan Swamy bail on March 22

16/03/2021

The Hindu / by Special Correspondent

The special National Investigation Agency (NIA) court on Tuesday said it would pass an order on Father Stan Swamy’s bail in the Bhima Koregaon violence case on March 22.
Fr Swamy, 83, a Jesuit priest and activist, has been working with tribals for decades and is currently lodged at the Taloja Central Jail after being arrested from Ranchi on October 9, 2020.
Read more

by Bar & Bench (March 16):
+++ Special NIA Court will pronounce its verdict in the bail application filed by #ElgarParishadcase accused Stan Swamy on March 22, 2021+++
+++ In the previous hearing, NIA had filed an application to place on record additional documents to be considered before the bail application is decided +++
+++ The Special Court allowed the application which was essentially to invite the Court’s attention to the case diary of the investigation. Swamy’s lawyers opposed the application stating that once chargesheet was filed then case diary cannot be considered +++
+++ After hearing both sides, the Court has closed the bail application for orders +++

Stan Swamy’s bail plea deferred by Mumbai court, next hearing on March 15

11/03/2021

Scroll.in / by Scroll Staff

The NIA has filed some additional documents in the case and Swamy’s lawyer sought time to respond to them.
The bail plea of activist and Jesuit priest Stan Swamy, arrested in the Elgar Parishad case, was deferred by a special court in Mumbai on Thursday, reported PTI.
The court, which was likely to pass the order on Thursday, deferred it after the National Investigation Agency filed some additional documents in the case and Swamy’s lawyer sought time to respond to them. The matter will now be heard on March 15, reported The Indian Express.
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Fr Stan Swamy’s bail plea order to be given on Mar 11

27/02/2021

The Times of India / by TNN

A special NIA court is likely to pronounce an order on the bail plea of Jesuit priest and tribal right rights activist, Fr Stan Swamy, arrested in in Elgar Parishad case on March 11.
NIA had opposed his bail plea and submitted that there was sufficient evidence against the 83-year-old, and the offence was grave.
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NIA court order on Stan Swamy’s bail plea on March 2

24/02/2021

The Hindu / by Special Correspondent

Stan Swamy sought bail on the ground that the prosecution had failed to establish how he had taken part or committed or incited the commission of any unlawful activity.
The special National Investigation Agency (NIA) court will pass its order on Father Stan Swamy’s petition for bail in the Bhima Koregaon violence case on March 2.
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Special Court set March 2 to announce the result of Stan Swamy’s bail application

19/02/2021

UCA News / by UCA News reporter

Suspicions are growing that the sick priest’s bail is being delayed for political reasons.
A special court is set to pronounce its verdict on the bail application of an elderly Indian Jesuit activist five months after his arrest and detention on charges of sedition.
The special court of the National Investigation Agency (NIA), the federal anti-terror agency, has set March 2 to announce the result of the bail application of 84-year-old Father Stan Swamy.
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