Skip to main content

Regulated, monitored? 100 days in prison, Fr Stan 'retains' deep spirituality, positivity

By Fr Cedric Prakash SJ*
On 15 January 2021, 83-year old Jesuit Fr Stan Swamy, completes one hundred days since he was taken into custody from his residence in Ranchi, by the National Intelligence Agency (NIA) on October 8, 2020; he has since been incarcerated in the Taloja jail, near Mumbai. Fr Stan has been charged under the Unlawful Activities Prevention Act (UAPA) for his alleged involvement in the Bhima Koregaon violence which took place on 1 January 2018 and for participating in the Elgar Parishad, the previous day.
The truth is that Fr Stan has never been anywhere near Bhima Koregaon and did not participate in the Elgar parishad. Fifteen others (all human rights defenders) have also been incarcerated in this fabricated case; some of them are languishing in jail for more than two years now. On the other hand, the actual perpetrators of the violence, who were originally named, have gone scot- free because of their close connections with the regime that rule the nation today.
The UAPA needs to be withdrawn immediately and unconditionally. On November 25 (the eve of India’s ‘Constitution Day’) Justice AP Shah, the former Chairman of the Law Commission in an interview to Karan Thapar for “The Wire” (the interview went viral), referred to the Supreme Court April 2019 ruling in the Zahoor Ahmad Shah Watali case which says “that an accused must remain in custody throughout the period of trial” if he or she is charged under UAPA and that “courts must presume every allegation made in the FIR to be correct and the burden rests on the accused to disprove the allegations”; this he asserted is a “complete negation of Article 21 which is the right to personal liberty.” 
Justice Shah said that bail is the rule and jail the exception; now, it seems, the Supreme Court has made jail the rule and bail the exception. He added “it seems we are living in a state of undeclared emergency”. He went on to add that today “courts lack humanity and fundamental concern for the human rights of the accused”. In this connection he cited the example of Varavara Rao and Stan Swamy. He was particularly astounded by the decision of the NIA Court to require two weeks to decide whether Stan Swamy can be permitted a straw or sipper. Very strong statements indeed from one of the best-known jurists of the country.
To put matters in perspective, on November 26, Fr Stan Swamy’s plea (by his lawyers) at a Special Court for a straw and a sipper cup which he needed as a Parkinson's Disease patient, was once again put-on hold till December 4. The National Investigation (NIA) filed a reply on the petition of Fr Swamy seeking the return of the straw and sipper confiscated during his arrest saying that the agency did not take them. 
Fr Stan finally received the straw sipper; but once again on December 14 his bail application was opposed by the NIA. On January 12, 2021, another hearing began with advocates on both sides presenting their arguments; these are expected to continue for some more days; whether Fr Stan will be released on bail or not at this juncture, is anybody’s guess!
Besides his age, Fr Stan is also feeble with physical infirmities. He however, does not complain; he retains his deep spirituality and positivity. His communications with the outside world are regulated and monitored; each of them is in fact very motivating. Just before Christmas he wrote a very touching poem, an excerpt from it goes thus: 
“Prison life, a great leveller
Inside the daunting prison gates
All belongings taken away
But for the bare essentials
‘You’ comes first
‘I’ comes after
‘We’ is the air one breathes
Nothing is mine
Nothing is yours
Everything is ours
No leftover food thrown away
All shared with the birds of the air!”

On January 15, Mary Lawlor, UN special rapporteur on the situation of human rights defenders, will be speaking at PUCL's programme on 'brutal face of the Indian state’
In the meantime, thousands of citizens from all walks of life and from everywhere have strongly condemned the illegal arrest of Fr Stan and demanded his immediate release. In a letter (December 18, 2020) addressed to the Prime Minister, more than twenty European Parliamentarians say:
“The undersigned, Members of the European Parliament (MEP), would like to express our deep concern about the detention and imprisonment of 16 human rights defenders in connection with the Bhima Koregoan case under the Unlawful Activities Prevention Act (UAPA) in relation to the incident that took place in India in December 2017. We would like to draw particular notice to the Jesuit priest Fr. Stan Swamy, arrested on October 8, 2020 in Ranchi…. The work he has been engaged in, has always been within the framework of the Indian Constitution and of democratic processes Fr. Stan Swamy is 83 years old and a sufferer of Parkinson’s Disease…
“He is thus in a vulnerable physical state and especially because of his advanced age has been under medical observation and special diet. His captivity has in no doubt impaired his health for the last month and a hall. We are deeply concerned about his health and well-being in the midst of the COVID-19 pandemic, and we urge you to release him immediately on humanitarian grounds.”

Recently a high-level human rights team of the UN which included the Working Group on Arbitrary Detention, the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on minority issues, have made public a letter they had written to the Government of India expressing their concern over the “alleged arbitrary detention of human rights defender Stan Swamy”.
The letter which was sent to the Indian Government on November 3, 2020, was made public, because the Government had not replied to them within the mandated period of sixty days. The letter asked the Government to “provide information as to the factual and legal basis for the arrest of Mr Swamy on October 8, 2020” and also asked for information on the measures undertaken to “ensure that minority human rights defenders, and in particular human rights defenders working for the protection and promotion of the rights of persons belonging to minorities or scheduled castes and tribes in India, are able to carry out their legitimate work in a safe and enabling environment, without the fear of prosecution, intimidation, harassment and violence, in full respect of their civil and political rights, including in the context of the Covid-19 pandemic.”
Meanwhile an online petition addressed to the United Nations High Commissioner for Human Rights (OHCHR) asking for the release of Fr Stan has generated thousands of signatures from all over the world! On January 15, the 100th day of Fr Stan’s imprisonment, several online programmes are being planned; one of them is being organized by the Peoples Union for Civil Liberties (PUCL) and the Jesuits who are campaigning for the release of Fr Stan, together with several other major human rights networks and platforms in the country; the programme will focus on ‘the brutal face of the Indian State!’ Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders, will be speaking at the programme!
Prison is no palace! One thing however, is clear: that in the face of growing human rights violations and the systematic destruction of democratic principles, thanks to Fr Stan and the others languishing in jail, there is today a greater awakening among “we the people of India!” The clarion call then is to act together, expeditiously and with a sense of purpose – before all is lost for all and forever!
---
*Human right, reconciliation and peace activist/writer

Comments

TRENDING

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Women's rights leaders told to negotiate with Muslimness, as India's donor agencies shun the word Muslim

By A Representative Former vice-president Hamid Ansari has sharply criticized donor agencies engaged in nongovernmental development work, saying that they seek to "help out" marginalizes communities with their funds, but shy away from naming Muslims as the target group, something, he insisted, needs to change. Speaking at a book release function in Delhi, he said, since large sections of Muslims are poor, they need political as also social outreach.

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra*   It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Bihar’s land at ₹1 per acre for Adani sparks outrage, NAPM calls it crony capitalism

By A Representative   The National Alliance of People’s Movements (NAPM) has strongly condemned the Bihar government’s decision to lease 1,050 acres of land in Pirpainti, Bhagalpur district, to Adani Power for a 2,400 MW coal-based thermal power project. 

Sardar Patel was on Nathuram Godse's hit list: Noted Marathi writer Sadanand More

Sadanand More (right) By  A  Representative In a surprise revelation, well-known Gujarati journalist Hari Desai has claimed that Nathuram Godse did not just kill Mahatma Gandhi, but also intended to kill Sardar Vallabhbhai Patel. Citing a voluminous book authored by Sadanand More, “Lokmanya to Mahatma”, Volume II, translated from Marathi into English last year, Desai says, nowadays, there is a lot of talk about conspiracy to kill Gandhi, Netaji Subhas Chandra Bose, and Shyama Prasad Mukherjee, but little is known about how the Sardar was also targeted.