The news of the death in custody of Fr Stan Swamy has had a devastating and traumatic effect, not only on his admirers, but even on those who had heard of him from newspaper reports, after his arrest by the NIA, at his residence at Ranchi, Jharkhand, in the late hours of the night. The fact that Fr Stan was an 84-year-old, shocked ordinary citizens even more. His treatment in the jail by the NIA, in keeping him in contaminated jail cell and going so far as to refuse him a sipper that he needed to drink liquids, disgusted people.
The role of the judiciary has also come into question. That the NIA Court judge could ask for NIA’s say on the application to be provided with that simple requirement, is truly astounding and speaks poorly of the presiding officer in that Court. What chances would any detainee have of getting bail in such a Court? It was evident that the presiding judge was following the bias intrinsic in the stringent UAPA, namely, that the person arrested was guilty until proven innocent. Laws such as the unjust and draconian UAPA, NSA and those of Sedition, are antithetical to a democracy. These laws are fit for a dictatorship and the country that has such laws and enforces them with full vigour, as is being done in India, cannot have any claim to being democratic.
The role of the Higher judiciary has also come under the scanner. What prevented these higher Courts from examining the condition of the arrested within the shortest time possible, given the age of the prisoner? The fact that long dates were given to the NIA, for replies to the applications by the prisoner’s lawyer, without considering their callous conduct in opposing for its own sake, is not expected from High Courts. What happened to the much vaunted principle in criminal law that “bail not jail” ought to be the guide in the decisions of Courts?
It is no good being shocked after Fr Stan’s death. And what about the reaction from the Government? There was not even a whisper of sympathy for the death of Fr Swamy. A bland statement was given to the press that “… the detention was as per due process under law”. That’s it. No humaneness. No sympathy on the death. No one was expecting contrition or remorse from such people. After all, the powers that be, are veterans of the atrocities in Gujarat. But they are adept at shedding crocodile tears.
Notice the latest statement from the BJP chief Naddah telling Muslims that anyone asking them to go to Pakistan, is not a Hindu. Where was he when Muslims were and are slaughtered by Ghau Rakshas? In this instance, however, we did not even get lip service from the PM Modi or from the Home Minister Shah. The world was scandalised by the death of Fr Stan, but not the Government of India that had gone about ferociously persecuting a Parkinson-disease-suffering frail old man. Detaining him on the charge of attempting to overthrow the Government of India. Could anything be more ridiculous? It would have been laughable if it had not been so sad and tragic. RIP Fr Stanislaus Swamy.
