advertisement
Video Editors: Vivek Gupta, Abhishek Sharma
"I deeply appreciate the overwhelming solidarity expressed by many during these past 100 days behind the bars. At times, news of such solidarity has given me immense strength and courage, especially when the only thing certain in prison is uncertainty. Life here is on a day-to-day basis. On the other hand, we 16 co-accused have not been able to meet each other, despite being in the same jail. But we will still sing in chorus. A caged bird can still sing."
A 'caged bird' is now free...
These were the words written in a letter from prison, by a jailed priest 'who loved and lived for the poor', and passed away battling falling ill, prolonged illnesses and neurodegenerative diseases. He also had to face multiple bail rejections and lack of empathy by the authorities despite his poor health and old age.
84-year-old Catholic priest and Tribal rights' activist, Father Stan Swamy, accused and arrested in the Bhima Koregaon case, passed away following a cardiac arrest on 5 July.
Stan Swamy died a pre-trial prisoner, desperately waiting to prove his innocence and walk free.
Father Stan Swamy's friends recall him as a simple and selfless man who 'never thought of himself or material gains for himself' and dedicated himself for the service of the poor.
He stayed and worked in Jharkhand for over three decades, fighting for tribal rights.
Stan Swamy was arrested from his residence in Ranchi, Jharkhand by the National Investigation Agency(NIA) on 8 October 2020, in the Bhima Koregaon case. He was charged under the Unlawful Activities (Prevention) Act(UAPA) among other charges and was lodged in Mumbai's Taloja jail.
He was already weak and frail at the time of arrest. He suffered from an advanced stage of Parkinsons – a neurodegenerative disease that made his hands shake at all times. He suffered from loss of hearing and chronic pain due to spondylosis. He was dependent on fellow prisoners for day-to-day activities.
Father Stan Swamy's repeated pleas for better healthcare went unheard. His repeated bail pleas on medical grounds, in the face of a raging pandemic, were rejected.
'I Would Rather Die Here Very Shortly if Things Go On As It Is...'
And yet, Father Stan Swamy hardly complained about his health. A four-minute call every 10 days from Taloja jail and a chirpy “I am managing here” kept the hope alive for his friends.
Amid repeated pleas falling on deaf ears, Stan Swamy's health deteriorated in May 2021. On 21 May, when he appeared before the Bombay High Court for a virtual hearing of another bail plea, from Taloja jail, his lawyer Mihir Desai recalled that he was 'too frail' and found it very difficult to hear, think about or even answer appropriately the questions posed by the court.
And even in that condition, he made one strong appeal before the court – he would rather die that go to JJ Hospital for his treatment.
The already frail man tested positive in the over-crowded Taloja jail. Even as he suffered in prison, NIA and the jail authorities kept opposing shifting him to a private hospital for his treatment.
Father Stan Swamy was shifted to Mumbai's Holy Family hospital, 10 days later, on 30 May, only after the Bombay High Court intervened.
'Presumption of Innocence is a Human Right'
Even as Swamy continued to suffer and degenerate, he challenged UAPA's bar on grant of bail, if the accusation is prima facie true – a violation of Article 14(Right to Equality) and Article 21(Right to Life and Liberty)
Swamy was unable to convince the court that he deserved to be treated like a human being; that his health was his fundamental right that the state must protect. Such is the injustice of the very foundation of UAPA, that an otherwise “innocent until proven guilty” was perverted to mean “not even human, guilty or not”.
Father Stan Swamy was put on ventilator support on 4 July 2021. Highlighting his 'irreversibly deteriorating health', a rights group wrote an open letter to the Bombay High Court Chief Justice.
Father Stan Swamy breathed his last following a cardiac arrest on 5 July, just a day before the Bombay High Court was supposed to hear his bail plea.
Despite massive outrage, he continued to suffer and degenerate, till his last day... Desperately waiting to walk free. Desperately waiting for some empathy from the authorities.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)