Stan Swamy’s death enrages Opp parties

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Stan Swamy’s death enrages Opp parties

Tuesday, 06 July 2021 | TN RAGHUNATHA | Mumbai

Stan Swamy’s death enrages Opp parties

Amid a hearing of his petition seeking bail on health grounds pending before the Bombay High Court, ailing tribal rights activist, octogenarian Jesuit priest and accused in the Elgaar Parishad-Koregaon-Bhima case Father Stan Swamy died at a private hospital here on Monday afternoon. Several Opposition leaders, including Rahul Gandhi and Mehbooba, have slammed the authorities for his death.

All India Kisan Sabha president Dr Ashok Dhawale termed it as “a custodial killing” and demanded the release of all political prisoners.

Eighty-four-year-old Fr Stan Swamy, who had been kept on a ventilator since Sunday after he suffered a cardiac arrest on Saturday, breathed his last at 1.24 pm, an hour before a division bench of the high court took up the matter for an urgent hearing and said that it had precipice and that it would hear Fr Stan Swamy’s fresh petition for bail first thing on Tuesday morning

However, upon a request by senior counsel and Stan Swamy’s lawyer Mihir Desai, the court allowed Dr Ian D’ Souza, medical director of the Holy Family Hospital where the petitioner was undergoing treatment, to make a submission before the court.

“It is with a very heavy heart I have to inform you that father Stan Swamy passed away around 1.30 pm in the hospital today,” Dr D’Souza told a HC division bench of Justice SS Shinde and Justice NJ Jamadar.

In his elaboration, Dr D’Souza informed the court: “On Saturday, he (Swamy) suffered cardiac arrest at 4.30 am, we couldn’t revive him. He was put on a ventilator. Subsequent to this, he did not regain consciousness and he was declared dead at 1.24 pm today. Cause of death is definitely pulmonary infection and Parkinson’s disease among others. There were post-covid effects on his lungs”.

After hearing the news about the demise of Stan Swamy, the HC division bench noted: “With all humility at our command, we really are shocked by hearing this news. Therefore, at the last hearing, we had immediately allowed him to remain in hospital of his choice. We have no words to express.”

Fr Stan Swamy was being treated at the Holy Family Hospital at Andheri in north-west Mumbai since May 28, after the High Court ordered him to be shifted there in view of his deteriorating health. 

At one stage, Fr Stan Swamy had told the high court through a video-conferencing that his health had deteriorated while he was Taloja prison in Navi Mumbai and that if he was not granted interim bail, he   “would die soon”.  

Fr Stan Swamy had last week filed a fresh plea for bail in the Bombay High Court, challenging the stringent conditions for bail to an accused charged under the Unlawful Activities Prevention Act (UAPA).

Ahead of a hearing on Fr Stan Swamy’s fresh petition scheduled for Tuesday, Dr Ian D’ Souza, medical director of the Holy Family Hospital, informed the high court about his death.

Fr. Stan Swamy had been arrested on October 8, 2020 by the National Investigation Agency (NIA) in connection with his alleged role in the January 1, 2018 Koregaon-Bhima riots case, and related issues which rocked the state and national politics.

Two months ago, as his health deteriorated, he moved the Bombay High Court seeking bail on medical grounds after which the court ordered the state government to shift him from the jail to the hospital for treatment

When his original bail petition came up for hearing, the HC bench directed the state government to shift Fr Swamy to Holy Family Hospital to itself for a 15-day stay there. Fr. Swamy – as per the undertaking given to the court by his senior counsel Mihir Desai, would bear all his medical treatment expenses. The court directed the hospital to provide an attendant to Fr Swamy in view of his advanced age, besides a policeman for his security.

At that hearing,  Additional Solicitor-General Anil Singh, representing the NIA had opposed the Fr Swamy’s plea to shift him to Holy Family Hospital, by arguing that there was no need to admit the accused to the private hospital, since Sir J. J. Hospital had all facilities to care for patients and noted that admitting an accused to a private hospital may set a wrong precedent.

After considering all submissions and arguments made by both the sides,, the HC bench had directed the state government to shift Fr. Swamy to a private hospital of his choice and also allowed a friend, Fr. Frazer Mascarenhas to visit him in hospital as per the hospital protocols.

Meanwhile, while reacting to Fr Stan Swamy’s death, UN Special Rapporteur for Human Rights Defenders, Mary Lawlor, shared his video along with a message: “The news from India today is devastating. Human Rights efender and Jesuit priest Fr Stan Swamy has died in custody, nine months after his arrest on false charges of terrorism. Jailing HRDs (Human Rights Defenders) is inexcusable.” EU’S Special Representative for Human Rights, Eamon Gilmore tweeted.

Later, the Jesuit Provincial of India said in a statement: “With a deep sense of pain, anguish and hope, we have surrendered Fr. Stan Swamy, 84, to his eternal abode.” 

It said that ‘the author of life’, Fr. Swamy, whose mission was to work among the Adivasis, Dalits, and other marginalized communities so that the poor may have life and live to the full, with dignity and honour.   

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