Skip to main content

Why ailing Fr Stan said he be given bail, allowed to go to Ranchi, or be in Taloja jail

By Fr Cedric Prakash SJ* 

It was quintessential Stan! In a manner which has come to characterize him Jesuit Fr Stan Swamy told the Bombay High Court during a hearing on 21 May 2021, “I want to go to Ranchi to be with my friends… Whatever happens to me I would like to be with my own.”
Fr Stan who turned 84 a few weeks ago on April 26, has been lodged in the Taloja jail since his arrest on October 8, 2020. He was the last one of 16 to be arrested, in the Elgar Parishad/Bhima-Koregaon conspiracy case. That he had nothing to do with either is clear as daylight! 
His only ‘crime’ over the years, much to the chagrin of powerful, vested interests, was his total identification with the Adivasis and of his accompanying them, in their quest for a life based on justice, dignity and equity. So naturally, when Fr Stan says, “Whatever happens to me I would like to be with my own” -- he is making a very powerful statement of his life and mission.
Fr. Stan had approached the High Court some time ago challenging a Special Court's decision of March this year. In the order, the Special Court had rejected his bail sought on medical grounds as well as on merits. On May 21, Fr Stan was produced before a Division Bench of Justices SJ Kathawalla and SP Tavade of the Bombay High Court, via video-conferencing from the Taloja prison, where he is lodged as an undertrial.
Some days ago in a telephonic conversation with a fellow-Jesuit he spoke about his deteriorating health condition. Ever since, plenty of efforts were being made from several quarters, to ensure that he receives the proper and adequate medical treatment and if needed, also hospitalisation.
Fr Stan reiterated this position telling the court that he had suffered much during his stay in prison: 
“I was brought here eight months ago. When I came to Taloja, my full system, my body was still very functional. But during these eight months, I have gone through a steady regression of all bodily functions. Eight months ago I could have a bath by myself and also do some writing by myself. But these are disappearing one after another. Taloja jail brought me to a situation where I can neither write nor go for a walk by myself or even eat. I am not able to meet this demand. Eating has become a real difficulty; someone has to feed me with a spoon.” 
He also spoke about the dire conditions in Taloja jail that prompted prisoners to help each other in the face of acute economic deprivation.
The Court then asked Fr Stan if he wished to be admitted to the Government-run JJ Hospital for a "general treatment in order to improve his overall health." His response was a categorial ‘no’ saying:
“I have been there twice. I am not for being hospitalised in JJ Hospital. What medicines will that hospital give me? It will not improve, it will keep going. I would rather die here very shortly if things go on as it is.... I was taken to JJ hospital and there were a lot of people but I had no opportunity to explain what I should be given. There are some medicines which the jail authorities game me, but my deterioration is more powerful than the tablets they are giving me."
Earlier the High Court was provided with a Medical Report of Fr Stan Swamy prepared by the JJ hospital. This report was submitted pursuant to the Court’s order of May 19, wherein the Dean of JJ Hospital had been asked to constitute a committee and to examine Fr Stan’s health condition on May 20. However, Fr Stan’s advocate, Senior Counsel Mihir Desai was not given a copy of the Report; therefore it had to be read out in the Court. The report mentioned that the petitioner’s poor health largely had to do with age.
The drama that unfolded in the virtual court hearing was vintage Fr Stan: someone who is very clear about his choices
The committee did not find any neurological defect or psychopathology. Some of the ailments mentioned in the report include the imbalance of limbs, lumbo sacral degeneration and some degree of hearing loss. It recommended urgent surgical assistance for the hearing loss and physical assistance owing to his general weakness. It also said that he required physical assistance in the form of a walking stick or a wheelchair.
However, his overall condition, his pulse rate etc., were stable and Swamy was "responsive" and "cooperative". Fr. Stan’s personal sharing to the High Court of his deteriorating health condition in fact thrashes this report.
The Court also informed Fr Stan that it was willing to issue orders to transfer him to JJ Hospital or any other hospital of his choice for the general treatment of his health, which was largely deteriorating due to his advanced age; the response of Fr Stan was very clear, "The only thing I request is to consider for interim bail. I have been in deteriorating condition. I would rather be in Ranchi. I do not think any of that (hospitalisation) is going to help." 
He also told the Court that his co-accused were worried about his health, and he believed that his condition would gradually worsen if he was kept back at Taloja Jail or any other hospital.
Advocate Desai was also given an opportunity to speak with Fr Stan during the video-conference. He then urged the court to adjourn the hearing for a week to permit him to speak again with Swamy and to convince him to get admitted to a hospital.
"Since he is a priest, he feels ‘forgive them, for they do not know what that do'... This is the approach he has taken," The High Court granted him the liberty to approach it again if Fr Stan changed his mind about hospital admission. The bench said, "Someone must have told him, or he himself is an intelligent man. He knows his problems are only age related. That's why he is pressing only for interim bail says won't take hospital admission."
The High Court in the meanwhile has directed the authorities of the Taloja prison to strictly comply with all the recommendations made by JJ Hospital in providing the necessary health facilities and treatment to Fr. Swamy while in prison. The Court finally posted the matter for hearing on June 7, 2021.
The drama that unfolded in the virtual court hearing was vintage Fr Stan: someone who is very clear about his choices: that he is innocent, that he should be given the bail to go back to Ranchi and to be with his people; if not, he would rather continue to be in Taloja jail identifying himself with his fellow-prisoners and even die there! Stan takes a stand!
However, whilst respecting his opinion, there are many others, who are genuinely concerned about his deteriorating health and would like him to be hospitalized as soon as possible. In this Ignatian Year: for Jesuit Fr Stan and for several others, his reality today is indeed a cannonball moment!
---
Gujarat-based human rights, reconciliation and peace activist/writer

Comments

TRENDING

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

'Anti-poor stand': Even British wouldn't reduce Railways' sleeper and general coaches

By Anandi Pandey, Sandeep Pandey*  Probably even the British, who introduced railways in India, would not have done what the Bhartiya Janata Party government is doing. The number of Sleeper and General class coaches in various trains are surreptitiously and ominously disappearing accompanied by a simultaneous increase in Air Conditioned coaches. In the characteristic style of BJP government there was no discussion or debate on this move by the Indian Railways either in the Parliament or outside of it. 

Why convert growing badminton popularity into an 'inclusive sports opportunity'

By Sudhansu R Das  Over the years badminton has become the second most popular game in the world after soccer.  Today, nearly 220 million people across the world play badminton.  The game has become very popular in urban India after India won medals in various international badminton tournaments.  One will come across a badminton court in every one kilometer radius of Hyderabad.  

Faith leaders agree: All religious places should display ‘anti-child marriage’ messages

By Jitendra Parmar*  As many as 17 faith leaders, together for an interfaith dialogue on child marriage in New Delhi, unanimously have agreed that no faith allows or endorses child marriage. The faith leaders advocated that all religious places should display information on child marriage.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Ayurveda, Sidda, and knowledge: Three-day workshop begins in Pala town

By Rosamma Thomas*  Pala town in Kottayam district of Kerala is about 25 km from the district headquarters. St Thomas College in Pala is currently hosting a three-day workshop on knowledge systems, and gathered together are philosophers, sociologists, medical practitioners in homeopathy and Ayurveda, one of them from Nepal, and a few guests from Europe. The discussions on the first day focused on knowledge systems, power structures, and epistemic diversity. French researcher Jacquiline Descarpentries, who represents a unique cooperative of researchers, some of whom have no formal institutional affiliation, laid the ground, addressing the audience over the Internet.

Article 21 'overturned' by new criminal laws: Lawyers, activists remember Stan Swamy

By Gova Rathod*  The People’s Union for Civil Liberties (PUCL), Gujarat, organised an event in Ahmedabad entitled “Remembering Fr. Stan Swamy in Today’s Challenging Reality” in the memory of Fr. Stan Swamy on his third death anniversary.  The event included a discussion of the new criminal laws enforced since July 1, 2024.

Hindutva economics? 12% decline in manufacturing enterprises, 22.5% fall in employment

By Bhabani Shankar Nayak*  The messiah of Hindutva politics, Narendra Modi, assumed office as the Prime Minister of India on May 26, 2014. He pledged to transform the Indian economy and deliver a developed nation with prosperous citizens. However, despite Modi's continued tenure as the Prime Minister, his ambitious electoral promises seem increasingly elusive. 

Union budget 'outrageously scraps' scheme meant for rehabilitating manual scavengers

By Bezwada Wilson*  The Union Budget for the year 2024-2025, placed by the Finance Minister in Parliament has completely deceived the Safai Karmachari community. There is no mention of persons engaged in manual scavenging in the entire Budget. Even the scheme meant for the rehabilitation of manual scavengers (SRMS) has been outrageously scrapped.