Death by state: Father Stan Swamy fought for decades to uphold rights of tribal people in Jharkhand

06 July,2021 07:11 AM IST |  Mumbai  |  Gaurav Sarkar

Arrested in the Bhima-Koregaon case, the 84-year-old Jesuit priest and tribal rights activists was admitted to Holy Family Hospital in Bandra in May

Illustration/Uday Mohite


Jesuit priest and tribal rights activist Fr Stan Swamy, who was jailed under the anti-terror Unlawful Acts (Prevention) Act in the Bhima-Koregaon case, died on Monday in judicial custody, drawing condolences from people from all sections of the society. The 84-year-old spent his last few months fighting for even minor needs like a straw and a sipper. His repeated pleas for bail on health grounds could never fructify.

He breathed his last at Bandra's Holy Family Hospital around 1.30 pm, the hospital's director Dr. Ian D'souza told the Bombay High Court.

On July 3, a bench comprising Justices SS Shinde and NJ Jamdar had adjourned the hearing in his most recent bail plea to July 6 after Swamy's counsel Senior Advocate Mihir Desai said Swamy's health was critical and that he was still in the ICU.


Fr Swamy had worked extensively for the adivasis in Jharkhand

On Monday, Desai yielded the floor to Dr D'souza, who informed the court that Swamy had suffered a cardiac arrest around 4.30 am on Sunday, after which, he was put on life support and never regained consciousness. "It is with a very heavy heart I have to inform you that Fr. Stan Swamy has passed away," said Dr. Dsouza.

Fr. Swamy, who was arrested last October, was shifted to the Bandra hospital from Taloja Jail on May 29 after he tested positive for Covid-19. He was suffering from Parkinson's disease, lower back pain, and bilateral hearing loss. Although he recovered from Covid-19, he was in and out of ICU due to an abnormally fast or erratic heartbeat. "While we shifted him to the ward a week ago, we had to move him back to ICU on June 29. He was on a ventilator and had a cardiac arrest. We tried our best to revive him," said a doctor.

Since Swamy died in judicial custody, his body will be sent for post-mortem. Later, it will be handed over to his long-time friend and close confidant Fr. Frazer Mascarenhas.

Swamy is not survived by any blood ties or immediate family by virtue of him being a Jesuit priest. Fr Frazer, a former principal of Mumbai's St Xavier's College, said it hasn't been decided whether Fr Stan will be cremated or buried. "I was his student about 40 years ago at the Indian Social Institute in Bangalore, which is run by the Jesuits," he said. "I was a young Jesuit at the time, who was studying the social analysis course under him. The type of socio-analysis he provided us with was excellent…he had a deep and thorough understanding of Indian society."


A protest against Fr Swamy's arrest, in Jharkhand last year. File/AFP

‘Treated very badly by jail authorities, JJ Hospital'

Fr Mascarenhas said Fr Swamy was treated very badly in jail. Despite having clear Covid-19 symptoms, he was not given an RT-PCR test, he said. Fr Swamy was made to travel from Taloja to JJ hospital and back and when the court later ordered that he be taken to JJ, he was vaccinated there despite having fever and sent back to jail, he said. Calling it "nothing short of criminal negligence", Mascarenhas said Fr Swamy's Parkinson's worsened in jail too.

Fr Mascarenhas said he last spoke to Fr Swamy on Saturday night. "When I told him we were soon expecting bail...he said he would have to practise walking since he hadn't been able to walk in a long time."

Asked what led to Swamy's demise, advocate Desai said, "According to me, it was negligence at the level of the NIA and jail authorities. That is what I feel." The National Investigation Agency apparently didn't seek Fr Swamy's custody but kept opposing his bail.


Fr Swamy at Holy Family Hospital

Hope for truth to come out soon: Archbishop

Archbishop of Bombay Cardinal Oswald Gracias condoled the death of Fr Swamy. Calling his arrest, over alleged Maoist links, "very painful", he said in a statement, "Fr. Stan's case did not even come up for hearing. We were eagerly waiting for the case to be taken up and the truth to come out." He added, "I witnessed his dedication to the exploited tribals. This work had its own challenges, but Fr. Stan worked single-mindedly for the poor."

‘Is it wrong to be right?,' asks AOCC

Melwyn Fernandes, Secretary of the Association of Concerned Catholics (AOCC), touched upon the late priest's work for the downtrodden and said he was "implicated with no substantiation and with a vengeance and perhaps political vendetta". He said, "The lamp of equality and dignity that Fr. Stan has ignited in many of us to fight the battle of righteousness, till the very last breath, shall never cease to enlighten and brighten our souls and minds, to live a life of dignity whoever may be in authority."


Fr Frazer Mascarenhas, Fr Stan's close friend

AIKS says ‘custodial killing'

The All India Kisan Sabha termed the death "custodial killing" and demanded "immediate release of all political prisoners". It said in a statement, "The NIA, working under the instructions of the Narendra Modi government had obstructed supply of essential medical support to Father Swamy on several occasions in the past as well, and it had opposed his shifting to a hospital until the last moment."

- With inputs from Somita Pal

The painful journey of Fr Stan's last months

Fr Stan Swamy was arrested in October last year for his alleged role in the 2018 Bhima-Koregaon violence and Maoist links was slapped with charges under the stringent Unlawful Activities (Prevention) Act (UAPA). His repeated attempts to secure bail under health grounds didn't succeed till his death on Monday. Here's a timeline of his struggle.


Melwyn Fernandes, secretary of the Association of Concerned Catholics

August 22, 2018 Named in the Pune police FIR on Bhima-Koregaon violence

January 25, 2020 NIA takes over case after MVA forms government in Maharashtra

October 8, 2020 Arrested by NIA, sent to Taloja jail

October 19 Moves interim medical bail, NIA says no merit in Swamy's request

October 23 His interim medical plea is rejected by special NIA court

November 6 Swamy moves court for straw and a sipper saying he has Parkinson's, prompting scores of citizens to send straws and sippers to the sippers to the Taloja jail, which refuses to hand over even one to Fr Stan


Cardinal Oswald Gracias, Archbishop of Bombay

December 4 Swamy finally given straw and sipper after court order

February 26, 2021 Swamy files another bail plea citing his age and failing health

March 22 Court rejects bail, says he tried to "overpower the government"

April 26 Swamy moves Bombay HC

May 15 Swamy develops fever in jail

May 28 Court orders govt to shift him to private hospital

May 30 Tests positive for Covid-19 at Holy Family hospital

May 31 His lawyer says he was taken to JJ hospital thrice in 10 days despite Covid-19 symptoms but was never tested; Taloj jail chief says he had no symptoms

June 17 HC allows hospital stay

July 2 Swamy challenges charges; HC extends hospital stay

July 4 Suffers cardiac arrest, put on ventilator, dies next day

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