Stan Swamy Passes Away After Contracting COVID-19 in Jail, Lawyer Demands Judicial Inquiry https://thewire.in/rights/stan-swamy-death-covid-19-judicial-inquiry
Swamy had been cured of COVID-19 a few weeks ago but his lawyer said that the infection had left a lasting impact on his vitals. Desai insisted that the delay in the treatment led to Swamy’s death. As per the procedure laid down under Section 176 (1A) of the Code of Criminal Procedure, a judicial magistrate’s inquiry has to be carried out in case of a custodial death. Additional solicitor general Anil Singh told the court that the state is not “foreclosing the mandated inquires”.
Even when Swamy was struggling in jail, both the NIA and the state prison officials had opposed his shifting to a private hospital. Swamy’s lawyer had moved an urgent interim bail and the NIA court had rejected his bail petition on grounds including his health and the current COVID-19 situation.
Mihir Desai, moved another application before the high court, this time challenging the constitutionality of UAPA. Desai has challenged the constitutionality of section 43D (5) of UAPA, which imposes strict conditions for grant of bail. The bail application claims that the UAPA section violates Articles 14, 19 and 21 of the Indian constitution. The case is scheduled for hearing again on July 6.