India’s leading octogenarian tribal rights activist Father Stan Swamy – who was an undertrial-accused in the controversial Elgar Parishad-Koregaon Bhima case - passed away in Mumbai on Monday, hours before his bail plea on medical grounds was to be heard by the Bombay High Court.
A Jesuit priest, Father Swamy (84), suffered from multiple old-age related issues including Parkinson’s disease and had just come out of the Covid-19 viral infection.
The priest-activist had been behind bars for close to nine months since his arrest from Ranchi on 8 October 2020, by the National Investigation Agency (NIA), which had more than a year ago taken over the case from the Pune police.
Father Swamy was shifted from the Taloja Central Prison to the Holy Family Hospital at Bandra on 28 May and was put on a ventilator on Saturday after his health deteriorated.
During the hearing of bail plea around 2.30 pm, Swamy's counsel Mihir Desai brought to the notice of the court that he had passed away.
“There was negligence on part of the Taloja prison authorities, who failed to provide immediate medical attention to him,” he informed the Bombay High Court bench comprising Justice S S Shinde and Justice N J Jamadar.
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“On Saturday, he (Father Swamy) suffered cardiac arrest at 4.30 am, we couldn’t revive him. He was put on a ventilator. After this, he did not regain consciousness and he was declared dead at 1.24 pm Monday,” Dr Ian D'Souza, Director of the Holy Family Hospital, informed the court in his report.
“The cause of the death is a pulmonary infection, Parkinson's disease and post Covid-19 complications,” the court was informed.
“With all humility at our command, we are sorry to learn that he has passed away… We are shocked...we had passed the order to take him to the hospital of his choice, we have no words to express our condolences..we are sorry to know that despite your best efforts he is not with us,” said the judges acknowledging the efforts of the hospital.
Father Swamy, who NIA had claimed has links with Maoist groups, had challenged his arrest under the Unlawful Activities Prevention Act and has sought bail on health grounds.
In December, he was allowed a straw and a sipper in jail, which he had requested on account of Parkinson's disease.
Born in Trichy in Tamil Nadu, he studied theology and Masters in Sociology in the Philippines, where he was acquainted with a series of protests and demonstrations against the administration. During his further studies, he made friends with Brazilian Catholic Archbishop Hélder Câmara whose work with poor people influenced him. was a former Director of the Jesuit-run Indian Social Institute, Bangalore from 1975 to 1986.
He has questioned the non-implementation of the Fifth Schedule of the Constitution, which stipulates the setting up of a Tribes Advisory Council with members solely of the Adivasi community for their protection, well-being and development in the state.
Desai also said that since Swamy does not have close family members, his mortal remains will be handed over to Father Frazer Mascarenhas, former principal of St Xavier’s College in Mumbai and the present Parish Priest of St. Peter’s Church in Bandra, who is Swamy’s friend. The court has agreed and it would be done after post-mortem and necessary formalities.