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In an appeal for “immediate bail” to 84-year old social activist Stan Swamy, more than 2,500 signatories have regretted that they are “shocked by the rejection of a bail application filed by him in the Bhima Koregaon case by the special NIA (National Investigation Agency) court on March 22, 2021.” Swamy was arrested on October 8, 2020 and continues to languish in jail.
A Parkinson’s disease patient with severe tremors in both hands, Swamy “has trouble drinking from a glass, taking bath and washing clothes on his own”, the appeal says. “He has other health ailments as well.”
Floated by Aloka Kujur of the Adivasi Adhikar Manch; Bharat Bhushan Choudhary of the Samajwadi Jan Parishad; Dr Vasavi Kiro, a women rights activist; Elina Horo of the Jharkhand Janadhikar Mahasabha; PM Tony, researcher and activist; Jean Dreze, well-known development economist based in Ranchi; and Jharkhand-based activists Siraj Dutta, Sushanto Mukherjee and Dayamani Barla, the signatories to the appeal run into 53 pages.
Pointing out that before his arrest, Swamy used to spend “most of his time at Bagaicha, Ranchi”, the appeal says, “Despite being repeatedly harassed, first by Maharashtra police and then the NIA, since 2018 in this case, he stayed in Bagaicha and cooperated fully with the investigation.”
“Rejection of the bail of an elderly and ailing person, with limited mobility and no history of violence against others is beyond comprehension”, the appeal adds.
The appeal claims that Swamy is “an exceptionally gentle, honest and selfless person”, adding, “We have the highest regard for him and his work. He has spent decades in Jharkhand working for the rights of the Adivasis and underprivileged.”
“It is ironic that while public support for Swamy continues to grow, the court rejected the bail application in the ‘community’s interest’. Adivasis, Gram Sabhas, civil society, several political leaders and parties, and Jharkhand’s Chief Minister himself have condemned Stan’s arrest and expressed support and solidarity with him”, the appeal says.
Referring too the recent Arsenal report, said to have been prepared on the basis of electronic evidence collected by the NIA, the appeal states, “It has exposed how fake documents were planted into the computers of the accused in the Bhima Koregaon case.”
According to the appeal, “Swamy himself clearly told the NIA that some so-called extracts allegedly taken from his computer were fabricated and that he disowned them. It is disturbing that the court decided to ignore this evidence of fabrication as it rejected the bail application.”
Callilng Swamy “a symbol of the plight of thousands of undertrial prisoners who languish in jail for years under fabricated UAPA charges, often aimed at harassing those who stand up for the underprivileged or oppose the government”, the appeal says, “The conviction rate in Unlawful Activities Prevention Act (UAPA) cases is extremely low (2.2% between 2016-19 as mentioned in Parliament), confirming that many of the charges are baseless.”
“We appeal for immediate bail for Stan Swamy, repeal of UAPA, and a return to the norm where bail is the rule not the exception”, it adds.
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