Fr. Stan Swamy memorial meeting highlights debate on UAPA, NIA and civil liberties

By A Representative 

The Campaign Against State Repression (CASR) organised a public meeting in New Delhi on Sunday to mark the fifth death anniversary of Jesuit priest and tribal rights activist Stan Swamy. The event, themed "NIA and UAPA: Constitutional Concerns and the Suppression of Dissent," brought together lawyers, academics, journalists, human rights defenders and activists to discuss the implementation of the Unlawful Activities (Prevention) Act (UAPA) and the functioning of the National Investigation Agency (NIA).

Senior Advocate Rebecca Mammen John addressed the gathering, tracing the evolution of the UAPA and expressing concerns over what she described as the erosion of constitutional protections relating to liberty, free speech and democratic dissent. Referring to the recent judgment in the Gulfisha Fatima case, she argued that the interpretation of Section 15 could broaden the scope of what constitutes a terrorist act. She also criticised the stringent bail provisions under Section 43D(5), the use of protected witnesses and redacted statements in NIA investigations, and the continued incarceration of accused persons without trial. She further referred to the denial of relief to Fr. Stan Swamy during the COVID-19 pandemic and criticised the NIA's plea seeking cancellation of bail granted to four accused in the Bhima Koregaon case.

Journalist John Dayal criticised the denial of bail to Fr. Stan Swamy, describing it as unjust. He recalled the priest's work among Adivasi communities and his advocacy for the implementation of the Panchayats (Extension to Scheduled Areas) Act (PESA).

Human rights activist Nadeem Khan questioned the functioning of the NIA, alleging selective investigations in cases involving activists. He referred to the Bhima Koregaon case, recent arrests in Gujarat linked to an alleged Jaish-e-Mohammad letter, and the continued imprisonment of advocate Surendra Gadling, who has represented Adivasi communities.

Advocate Nizam Pasha discussed constitutional issues relating to bans imposed under the UAPA. Referring to litigation involving the Students Islamic Movement of India (SIMI) and Jamaat-e-Islami, he argued that prohibitions on organisations should remain subject to meaningful judicial scrutiny.

Saroj Giri paid tribute to Fr. Stan Swamy and highlighted the work of Adivasi activists, including Sarju Tekam, Raghu Midiyami and Suneeta Pottam. He called for the release of activists associated with Moolwasi Bachao Manch and referred to their campaigns for the implementation of PESA and opposition to the expansion of paramilitary camps.

Professor Nandita Narain reflected on Fr. Stan Swamy's commitment to justice and democratic values. She described the Bhima Koregaon accused as individuals who had worked for marginalised communities and argued that democratic dissent has increasingly come under pressure. She concluded her address by reading Fr. Stan Swamy's poem "I Am Not a Silent Spectator."

Deepak Kumar of the Campaign Against State Repression read messages sent from prison by Advocate Surendra Gadling and Dinkar Gota, who are observing a hunger strike to commemorate Fr. Stan Swamy. According to CASR, the messages called upon civil society to continue working for justice and the rights of oppressed communities. Deepak Kumar also referred to what the organisation described as the misuse of the NIA in conspiracy cases, including the alleged Lucknow conspiracy case involving Vishal Singh, Priyanshu Kashyap and Advocate Ajay Kumar.

The meeting concluded with participants reiterating their demand for the repeal of the UAPA, calling for safeguards against the misuse of investigative agencies, and reaffirming support for constitutional rights and democratic dissent while remembering Fr. Stan Swamy's work among Adivasi communities and other marginalised groups.