Stan Swamy files plea against section of UAPA which makes granting of bail difficult

Father Stan Swamy filed a fresh plea in the Bombay High Court challenging section 43D(5) of the UAPA that imposes stringent restrictions on the grant of bail to those booked under the Act. Meanwhile, the high court has extended his stay at a private hospital in Mumbai where he is undergoing treatment.

Father Stan Swamy, the Jesuit priest who was arrested by the National Investigating Agency (NIA) in the Elgar Parishad-Maoists links case, has filed a plea challenging section 43D(5) of the Unlawful Activities Prevention Act (UAPA), saying it creates an insurmountable hurdle for any accused to be granted bail. Swamy filed the writ petition before the Bombay High Court on Friday, alleging that the use of the terms "frontal organisations" by NIA to oppose his bail application is blatantly arbitrary and violates his right under Articles 14 and 21 of the Constitution of India. Since his arrest, Swamy had been languishing in Taloja jail and it was only recently after his health deteriorated that he was shifted to a private hospital in Mumbai where he even tested positive for Covid-19. He is currently recuperating in the ICU of the hospital in Bandra. Swamy fears that after he recovers, he will be sent back to prison and thus he seeks bail.