Activist and Jesuit priest Stanislaus Lourduswamy also called Stan Swamy, 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 the fourth of July at the age of 84. He suffered from Parkinson's disease, and was the oldest to be accused of terrorism in India.
WHERE DID IT ALL BEGIN?
Swamy was the oldest of the 16 activists and attorneys detained in Maharashtra on January 1, 2018, on charges of planning to foment unrest. Many caste clashes took place in the village during the celebration of the two hundredth anniversary of a British-era war by Dalits.
On October 8, 2020, the National Investigation Agency (NIA) arrested him, alleging that he had Maoist ties and was working for the frontal organisations of the banned CPI.
He was jailed in Taloja after being charged under the UAPA.
Swamy claimed in his defence that the evidence against him was fabricated and that he had never planned to foment violence.
OPPOSITION REACTS TO SWAMY’S DEATH
Leaders of India's major opposition parties have urged the President to intervene in order to punish those responsible for Fr Stan Swamy's arrest, cruel treatment, and death accountable.
A letter was written to president Kovind which was signed by Congress president Sonia Gandhi, Nationalist Congress Party chief Sharad Pawar, Trinamool Congress chief Mamata Banerjee, Dravida Munnetra Kazhagham chief M.K. Stalin, Jharkhand Janmukti Morcha chief Hemant Soren, Janata Dal (Secular) chief H.D. Deve Gowda, JKPA’s Farooq Abdullah, Rashtriya Janata Dal’s Tejashwi Yadav, CPI’s D. Raja and CPI(M)’s Sitaram Yechury.
TWEETS CONDOLING THE OLD MAN’S DEATH
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.
Historian Ramachandra Guha called his death "a case of judicial murder".
Leader of the main opposition Congress party Rahul Gandhi tweeted that "he deserved justice and humaneness":
United Nations Special Rapporteur Mary Lawlor said she was devastated to hear about Swamy's death and that "jailing HRDs is inexcusable":
STAN SWAMY’S STRUGGLE
Swami had challenged in the Bombay High Court a provision of the stringent Unlawful Activities Prevention Act (UAPA) dealing with grant of bail, contending it has created an “insurmountable hurdle" for those seeking relief.
His plea stated that presumption of innocence is a fundamental tenet of criminal jurisprudence.
The repeated requests made to get him out of the overcrowded Taloja Jail had resulted in a significant increase in Covid cases. His bail applications were denied. His death presents various issues concerning the courts, treatment in custody, denial of medical services, torture in custody, and so on.
THE TIMELINE
OCT 8,2020- Stan Swamy arrested from Ranchi Elgar Parishad Case, lodged in Taloja jail.
OCT 9, 2020- NIA describes him as a cadre of the banned CPI and accuses him of communicating and receiving funds from other Maoist cadres.
OCT 22, 2020- Special NIA court rejects plea for bail on health grounds.
NOV 6, 2020- Swamy’s defence asks for a sipper and straw ‘taken away by NIA”
NOV 26, 2020- Swamy again seeks bail.
MARCH 22, 2021- Special NIA court rejects Swamy’s bail plea saying collective interest of the community outweighs the right personal liberty of the applicant.
MAY 28, 2021- HC directs that he should be treated in a private hospital.
JULY 4, 2021- Swamy’s health deteriorated and he passed away.
IMPORTANT POINTS
The death of the 84-year-old who was suffered from multiple ailments and awaited bail on medical grounds has led to sharp criticism of the Union and Maharashtra governments, as well the judiciary, from various global and domestic quarters.
The opposition leaders noted that he was “denied treatment” for various ailments, including a “sipper” that was made available to him after a nationwide campaign.
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).
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