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Stan Swamy dies in hospital; HC told of activist’s demise during bail hearing
Activist and Jesuit priest Stanislaus Lourduswamy, who worked for tribal rights in Jharkhand for five decades before being arrested under an anti-terror law and spending more than eight months in jail awaiting trial, died in a Mumbai hospital on Monday
Activist and Jesuit priest Stanislaus Lourduswamy, who worked for tribal rights in Jharkhand for five decades before being arrested under an anti-terror law and spending more than eight months in jail awaiting trial, died in a Mumbai hospital on Monday. He was 84.
The activist, popularly known as Stan Swamy, died around 1.24pm after a cardiac arrest a day ago, his doctor and lawyer told the Bombay high court which was hearing his bail plea on medical grounds.
The octogenarian suffered from Parkinson’s disease and was shifted to a private hospital in Mumbai in May after his health started deteriorating. He was admitted to the Intensive Care Unit (ICU), where he tested positive for Covid-19 on May 30. On Sunday afternoon, he developed breathing difficulties and was put on a ventilator but subsequent efforts to resuscitate him proved futile.
“It is with a very heavy heart I have to inform you that father Stan Swamy has passed away,” Dr Ian Dr Dsouza, medical director Holy Family hospital, told the high court. He added that Swamy was declared dead at 1.30pm on Monday.
“With all humility at our command, we are sorry to know that he has passed away . We are shocked,” observed the bench of justices SS Shinde and NJ Jamadar.
The court directed the National Investigation Agency (NIA) and jail authorities to hand over Swamy’s mortal remains to Frazer Mascarenhes, the former principal of St Xaviers College and a friend of Fr Swamy who was allowed to meet him during his stay at Holy Family hospital, as the deceased priest did not have any relatives. “The Jesuits were his only family,” his lawyer Mihir Desai told the court. His funeral will be conducted on Tuesday in Mumbai.
Swamy’s death was condoled by prominent Opposition politicians, including the chief ministers of two states, and officials from the United Nations, European Union and United States. It also put a spotlight on the stringent provisions of the Unlawful Activities Prevention Act (UAPA).
Swamy was the oldest of 16 activists and lawyers arrested on charges of conspiring to foment violence at Bhima Koregaon village in Maharashtra on January 1, 2018. The village was rocked by caste clashes during the bicentennial celebration of a British-era war by Dalits.
He was arrested on October 8, 2020, by NIA, which alleged that the priest had Maoist connections and was working for the frontal organisations of the banned CPI (Maoist). He was charged under the UAPA and was sent to Taloja jail. In his defence, Swamy said evidence against him was fabricated and that he never conspired to foment violence.
In November that year, Swamy, who suffered from advanced stages of Parkinson’s and several other ailments, asked for the NIA to provide him with a sipper and straw to help him eat. “I cannot hold a glass as my hands are unsteady due to Parkinson’s,” Swamy said. NIA asked for four weeks to respond to the request.
In December, the NIA said the prison authorities had provided a sipper, straw, wheelchair, walking stick and walker.
In October 2020, Fr Swamy applied for bail on medical grounds and for regular bail in November 2020. His request for bail was rejected by the NIA court on October 2020 and March 2021 on the grounds that he could not grant bail as he was charged under section 43D(5) of the UAPA. The section deals with frontal organisation of banned terrorist groups as per the first Schedule of the UAPA.
In May this year, Swamy told the high court that his health had declined steadily at Taloja.“When I first came here, I could bathe, take a walk, write a bit, all by myself. But now, I need help with everything,” he said.
On May 19, Swamy’s lawyers moved the high court, which ordered that he be checked by a panel of doctors. But Swamy refused to be shifted, saying he would rather die. “The condition of prisoners is not good and I would prefer to die here than be shifted to Sir JJ Hospital. I have seen the hospital and would prefer to remain in Taloja jail,” he said.
On May 28, Desai informed the high court that he had convinced Fr Swamy to be shifted to a private hospital which he agreed and was subsequently shifted to Holy Family hospital on the same day and tested positive for the virus on May 30.
“It is really unfortunate that we lost Fr Swamy. Our main grievances are against the NIA and jail authorities for not being sensitive towards the condition of Fr Swamy though he was an elderly man having medical problems. We hope to make suggestions to the high court to bring about changes in the Prison Manual while dealing with such inmates,” Desai said.
In the high court, too, Desai said they were aggrieved by the NIA and jail authorities, not Holy Family hospital or the court.
The comment was prompted after NIA and the state objected to the urgent hearing of the bail application which Desai had sought on Monday.
In court, Desai insisted on a post mortem but Dr Dsouza said the cause of death was known to them and a death certificate could be issued. “I do not want to insist on post mortem if the doctor does not feel so. However I will request that his body be handed over to Fr. Frazer who is his friend. I am sure there will be no objection to this,” Desai said.
But chief public prosecutor Deepak Thakare informed the bench that under the law, an inquest and post-mortem had to be conducted because Swamy died of a heart attack and not Covid-19.
“They can conduct post mortem, no objection. Because any death in custody, is termed as custodial death and a post mortem has to be conducted, it has to be as per the National Human Rights Commission of India (NHRC) guidelines. All medical reports and post mortem report has to be deposited with this court,” Desai said. The NHRC had issued a separate notice to the Maharashtra government on Sunday.
Condemnation of the death poured in. “Heartfelt condolences on the passing of father Stan Swamy. He deserved justice and humaneness,” Congress leader Rahul Gandhi tweeted.
Jharkhand chief minister Hemant Soren attacked the Union government. “Shocked to learn about the demise of father Stan Swamy. He dedicated his life working for tribal rights. I had strongly opposed his arrest & incarceration,” Soren said. “Such travesty of justice should have no place in our democracy,” said Kerala chief minister Pinarayi Vijayan.
