By Diksha Sharma
Who was Father Stan Swamy and for what he was fighting?
His full name was Stanislaus Lourduswamy, he was a Catholic Priest and also a tribal right activist. He raised voice for poor tribal and marginalized and Dalit community in eastern India’s Jharkhand state. He was jailed at the age of 84 and died on 5 July 2021 in the Holy Family Hospital in Bandra, Mumbai.
He was working for the Adivasi communities on land, forest and labour rights which include “questioning the non-implementation of the Fifth Schedule of the Constitution”.
The 5th Schedule, provides for the provision that there must be a Tribes Advisory Council in each state having scheduled areas consisting of not more than twenty members of whom. As nearly as, three-fourth are representatives of Schedule tribes in the Legislative Assembly members of the State.
The duty of the Council is to advice on matters pertaining to the welfare and advancement of the Scheduled tribes in the State, as may be referred to the by the Governor.
The investigation of Police reached that the hand of Father Swamy was found in the Bhima case and they also alleged that he was also having hand in the 2018 violent clash.
What happened in Bhima Koregon?
Bhima Koregaon is a small village in Pune district of Maharashtra state. It is believed that this village has strong Dalit-nationalist historical connection. So now this has become a symbol of dalit’s pride and every year people of Bhima Koregaon celebrates their victory over upper caste people.
Every year on 1st January, they celebrate their victory of Dalit-dominated British Army had defeated a Peshwa army, led by Peshwa Bajirao II. The year 2018 was marked as the 200th year of their victory and hence celebrations were going on for the same. But this celebration turned into violent clash between Dalits and Mratha group.
The main tension between these two arose when the memorial of Govind Gopal Mahar (local hero who performed the last ceremony of Chhatrapati Sambhaji Maharaj) was found desecrated.
When police investigated the case it was found that this violent clash was triggered by the violent speeches of some Dalit’s activists at the event which is known as Elgar Parishad and police also mentioned that the event so organized involved some Maoist insurgents.[1]
What were the allegations against Father Swamy?
Investigation of police in Bhima Koregaon case led to arrest of many activists believing that they were having links with the Maoist insurgents (known as Naxals).
During their whole investigations many truths came out such as Communist Party of India (Maoist) leaders were in contact with ‘Elgar Parishad’ to preach Maoist ideology and they also promoted riots at Bhima village.
Then on 24th January 2020, the National Investigation Agency took the charge and started their investigation relating to the matter. In their investigation it was alleged by the NIA that Father Swamy was also involved. He was arrested under anti- terror laws. They also claimed that he was also involved with the CPI.
On 9th October 2020 Father Stan was firstly produced before the NIA Special Court in Mumbai. Then a charge sheet was filed against him under Sections 120 (B), 121,121(A), 124(A) and 34 of the Indian Penal Code and Sections 13, 16, 18, 20, 38 and 39 of the Unlawful Activities Prevention Act. With the order of the court, he was taken into judicial custody and sent at Central Jail, Taloja, Mumbai.
On seeing his health issues and on the advice of the health officer his sell was having all necessary facilities and he was provided a wheelchair, walker, walking stick, straws, sipper, mug, commode chair, battery cells for his hearing aide, dental treatment. He had access to a visiting psychiatrist and telemedicine consultation.
What were the Court trials in the case?
His case was cited as “Father Stan Swamy Vs The State of Maharashtra And Anr.[2]”. Mr. Mihir Desai was the learned Senior Advocate appearing for the appellant that was Father Sant.
He does not make any complaints against the NIA about any ill-treatment done with him by the investigation officers during any interrogation and they followed the law well while producing him before the concerned NIA court. Father was duly informed about his arrest according to the rule of law.
On 23rd March 2021 Father Stan filed application for the bail from Bombay High Court but the court rejected his application. As it was observed by the judge that-
“If the seriousness of the allegations made against the applicant are considered in proper perspective, there will be no hesitation to conclude that the collective interest of the community would outweigh the right of personal liberty of the applicant, and as such the old age and the alleged sickness of the applicant would not go in his favour, so that the discretion to release the applicant can be exercised in his favour…”[3]
Mr. Desai from the side of Father Swamy requested the court to allow him to take necessary treatment in Holy Family Hospital, Bandra. He also mentioned that all the expenses of the treatment will be bear by the appellant himself and also mentioned that two attendant will always remain every time with the appellant in the hospital.
But the respondent opposed these conditions of Mr. Desai by saying that the Petitioner can be admitted in the J.J. Hospital, Mumbai for treatment in the prison ward as there also good medical facilities, proper medication will be provided. They submitted that to take Father Sant to the private hospital for treatment may set wrong standard.
After listening to both the parties and keeping in mind the age and health issues of Father Bench of Judges S.S. Shinde, N. R. Borkar come to the conclusion that Father Sant must be treated at Holy Family Hospital. Since he was under trial prisoner, one constable was assigned to stay always with him at the hospital to guard him.
But after 10 days of admitting him to the hospital Father Sant Swamy died at the age of 84 years due to the Parkinson’s disease. As Swamy was trying to get temporary bail on medical grounds and in an appeal, he also challenged the orders passed by the Special NIA Court rejecting his bail. His bail was rejected twice by the NIA Court.
Conclusion
Death of an activist like Father Stan does not indicate a good sign of our justice system. As it can be said that his death was a custodial murder because multiple times, he tried for his bail on medical grounds but again and again his bail was rejected. He was charged under the Unlawful Activities Prevention Act (UAPA).
Due to this he was emotionally and mentally destroyed because of his insult in the society for the things he never attempted, or he never imagined doing.
He was trying to help lower caste people and fighting for tribal people and their rights. It can be concluded that his arrest and allegations which were imposed on him can be a governmental controversy against him.
As everyone knows that he died due to cardiac arrest, but no one can understand his emotional pain he was going through when such allegations were imposed on him. He fought for himself and for tribal people till his last breath. This case has putted a big question mark on our judicial system.
Reference-
- What happened at Bhima Koregaon, available at:
indiatoday.in (last visited 23 July 2021) ↑
- Father Stan Swamy Vs The State of Maharashtra And Anr, CRIMINAL APPEAL NO. 444 OF 2021 ↑
- Elgar Parishad a laboratory to test war on State: Why people crying hoarse over Stan Swamy should not look away from truth, By Kanchan Gupta, available at:
firstpost.com (last visited 25 July 2021) ↑