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Can Fr Stan Swamy’s PIL be the blueprint for justice to thousands of undertrials lodged under UAPA?

Can Fr Stan Swamy’s PIL be the blueprint for justice to thousands of undertrials lodged under UAPA?

The Leaflet / by Sarah Thanawala

Can the judgment which granted bail to Vernon Gonsalves and Arun Ferreira form the basis for implementation of the same principles for granting bail to other accused in the Bhima Koregaon–Elgar Parishad case as well as to the other 500 detenues in Jharkhand who are still at the pre- or post-trial stage?
… A public interest litigation (PIL) filed by the late Father Stan Swamy in 2017 in the Jharkhand High Court may serve as a path in the direction of ending incarceration of the disturbingly large number of those held in custody without a trial.
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Also watch/read:
Video: Vernon v. State of Maharashtra: A Breakthrough in Bail Jurisprudence under the UAPA? (PUCL India / Aug 2023)
Even after Stan Swamy’s death, the fight to get justice for Jharkhand undertrials is still alive (Scroll.in / Dec 2021)
In Jharkhand, Scheduled Tribes Still Battle Flimsy Criminal Cases Filed With Little Evidence (IndiaSpend / Oct 2021)
Public interest litigation filed by Stan Swamy and Xavier Soreng in 2017 (CJP / 2017)
A study of Undertrials in Jharkhand (Sanhati / by Bagaicha Research Team / Feb 2016)

Frivolous conspiracy cases on Jharkhand’s anti-displacement activists: FACAM

Frivolous conspiracy cases on Jharkhand’s anti-displacement activists: FACAM

Bacha Singh, Damodar Turi during protests

Counterview / by Counterview Desk / FACAM

Civil rights group Forum Against Corporatization And Militarization (FACAM), even as condemning the alleged harassment of Jharkhand activists by the National Investigation Agency (NIA), has said that they are being intimidated because they have “opposed corporate loot of people’s resources.”

It is a malicious plot of the state machinery to suppress democratic voice against corporate loot and displacement of adivasis
Among Bhima Koregaon political prisoners, most were actively opposing the state-corporate expropriation of people’s resources, displacement and state repression. Father Stan Swamy himself played an instrumental in formation of Visthapan Virodhi Janvikas Andolan (VVJA) and was active in Pathalgadhi Movement to ensure the autonomy and sanctity of gram sabha.
Read full statement


Also read
Narendra Modi’s Government Is Using False Charges of Terrorism to Repress Its Opponents (Jacobinmag / April 2022)
This Organisation In Jharkhand Is Holding The State Accountable (Youthkiawaaz / April 2022)
NIA Opposes Stan Swamy’s Bail; Calls PUCL, Visthapan Virodhi Jan Vikas Andolan ‘Maoist Fronts’ (The Wire / Jan 2021)

Prisoners to get hot water, bedding, phone call facilities from state govt

Prisoners to get hot water, bedding, phone call facilities from state govt

Drawing by Arun Ferreira

Hindustan Times / by Vinay Dalvi

Fr Swamy, who passed away two months later at a private hospital, was provided with a mattress, bedsheet, pillow, walker, walking stick and commode only after he moved the Bombay high court for temporary bail on medical grounds.
In May 2021, 84-year-old Jesuit priest and tribal rights activist Father Stan Swamy, who had been sent to jail by the government in the Elgar Parishad case, found himself in dire straits. A Parkinsons’ sufferer, Fr Swamy was unable to drink water from a glass and had requested a straw or sipper, which was denied to him. Eventually he was compelled to approach the special NIA court, but received his straw and sipper only a month and a half after he had filed his application.
Read more


Also watch/read:
Stop Denying Political Prisoners the Right to Healthcare in Jails (PUDR / Sep 2022)
Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)

● Video: The Conditions of Prisoners in Indian Jails

By All India Lawyers’ Association for Justice – AILAJ / March 2022

en | 1:21:23 | 2022
The huge number of undertrials, the overcrowding, and the disproportional numbers of Dalit, Muslim and Adivasi prisoners are part of the prison problem in India.
We are joined by Adv. Sudha Bharadwaj for a discussion on the Conditions of Prisoners in Indian Jails.
Watch video

Various statements to commemorate Stan Swamy’s death anniversary / Justice for the BK16!

Various statements to commemorate Stan Swamy’s death anniversary / Justice for the BK16!


Father Stan Swamy Died As A UAPA Martyr; But Political Prisoners Continue To Suffer Without Bail

08/07/2023

Live Law / by Awstika Das

Two years ago, on July 5, Father Stan Swamy died as an undertrial prisoner in the Bhima Koregaon case after 270 days of incarceration. The 84-year-old Jesuit priest and tribal rights activist – arrested over alleged links to Naxals – was the country’s oldest inmate charged under the anti-terror law, the Unlawful Activities (Prevention) Act. “But we still sing in chorus. A caged bird can still sing,” he famously wrote in a letter from jail. But a storied life – of fighting injustice and defending human rights – came to a poor, undignified end, as Swamy battled not only with advanced Parkinson’s disease and coronavirus while awaiting trial, but also the apathy of the State that denied him basic amenities like socks, a sweater, and a blanket to stave off the cold of his jail cell, and a a straw and a sipper to drink water.
Read more


Father Stan Swamy remembered in Bengaluru on second death anniversary

07/07/2023

The indian Express / by Express News Service

Father Frazer Mascarenhas, the former principal of St Xaviers College in Mumbai, in whose care Fr Swamy was in his last days, termed the Jharkhand-based activist as a committed Jesuit and scholar and recalled his activism towards the welfare of the tribal communities.
Father Stan Swamy, the Jesuit priest who died while in judicial custody in connection with Elgaar Parishad case, was remembered on his second death anniversary at an event held in Bengaluru on Wednesday.
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Panel discussion on civic literacy held to commemorate Father Stan Swamy’s second death anniversary

06/07/2023

The Telegraph / by Pheroze L. Vincent

Swamy, an 84-year-old Jesuit activist from Jharkhand, died of post-Covid complications while in judicial custody in Mumbai
The second death anniversary of Father Stan Swamy, who died in custody while awaiting trial in the Elgaar Parishad-Maoist links case, was commemorated with a panel discussion on “Civic Literacy and Political Participation” at the Jawahar Bhawan auditorium in the capital on Wednesday.
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‘Withdraw Bhima Koregaon case’: Activists demand after 2 yrs of Stan Swamy’s death

06/07/2023

The Siasat Daily / by News Desk

84-year-old Jharkhand-based tribal rights activist Father Stan Swamy passed away while in custody for his alleged role in the Bhima Koregaon case.
Shaheed Father Stan Swamy Nyay Morcha, an umbrella organisation of various social outfits in Jharkhand, on Wednesday called for the withdrawal of the Bhima Koregaon case and the immediate release of the arrested.
Read more


Pic shared by Abhinay Lakshman / @al_lakshman

Jharkhand social activists demand action against culprits of Stan Swamy’s death in judicial custody

05/07/2023

Lagatar News / by  Raj Kumar

Ranchi, July 5: Shaheed Father Stan Swamy Nyay Morcha today organized a tribute-cum- resolution meeting in front of Raj Bhawan on the occasion of second martyrdom day of the father, whom the NIA had arrested on October 8, 2020 from Ranchi for delivering a hate speech. Later, he died on July 5, 2021 while going for treatment to a Mumbai hospital in judicial custody.
Many social workers and representatives of various organizations and political parties from different districts, including Ranchi participated in it. They demanded action against the culprits of Stan’s death in judicial custody.
Read more


Activists urge Indian president to clear Stan Swamy’s name

06/07/2023

UCA News / by UCA News reporter

Tributes flow on the second death anniversary of the late Jesuit priest, who was falsely charged with terror-related laws
A group of rights activists in India have urged President Droupadi Murmu to withdraw terror-related cases against late Jesuit Father Stan Swamy and 15 other accused in the 2018 Bhima Koregaon violence case.
“It is a false case registered against Father Swamy and others and it should be withdrawn,” said Father Antony P.M, a social activist at a gathering to mark the second death anniversary of the priest, on July 5 in the eastern Jharkhand state. Tributes were paid to the Swamy across the country.
Read more


Bring legislation against custodial torture, activists urge TN government

05/07/2023

The New Indian Express / by By Palanivel Rajan C

“Leaders’ rhetoric against custodial tortures will do no good on the ground, where plausible changes ought to be done in the police stations where the most number of such incidents take place.”
TIRUCHY:  On the second death anniversary of tribal rights activist Stan Swamy who died in jail after being arrested in the Bhima Koregaon case and after being consistently denied bail, activists and outfits in the state have called out for an Act called ‘Tamil Nadu Prevention of Custodial Torture Act’.
Read more


Also read/watch:
Stan Swamy’s second death anniversary: Stand Up for What Is Right, demand Co-Accused  (July 5, 2023)

● Remembering Father Stan and demand justice for the BK-16! (July 5, 2023/ PUCL)

en / hindi | 2:49:57 | 2023
Watch recording

Video: Remembering Father Stan and demand justice for the BK-16!

Video: Remembering Father Stan and demand justice for the BK-16!

Remembering Father Stan and demand justice for the BK-16!

05/07/2023

By People’s Union for Civil Liberties (PUCL) / fb Videos

Announcement
Join us to remember Father Stan Swamy, and demand justice for his institutional murder.
We will have family members and friends of the accused in the Bhima Koregaon case, speak about the experience of the prison conditions and this unjust prolonged arrest.
We will also be joined by political leaders, international human rights organisations and lawyers, to help take the campaign forward to defend democracy!
Repeal UAPA!
Release all political prisoners!

en / hindi | 2:49:57 | 2023
Watch recording


Let’s Not Forget Father Stan Swamy!

08/07/2023

Rediff.com / by Jyoti Punwani

The tributes to Father Stan by his associates and his co-accused (which were read out) provided a clue to why his death continues to touch so many.
“We don’t want this to be forgotten or forgiven.” — senior advocate Mihir Desai.
“Do not forget, do not forgive.” This theme ran through the Zoom meeting organised by the National Campaign to Defend Democracy, a coalition of human rights groups, on the second anniversary of Father Stan Swamy’s death.
Read more


Ashirvad and PUCL Karnataka – Remembering Father Stan Swamy

05/07/2023

People’s Union for Civil Liberties fb Videos / by Ashirvad and PUCL Karnataka

Ashirvad and PUCL Karnataka – Remembering Father Stan Swamy
Fr. Frazer, Dr. V Suresh and Maitreyi

en | 18:19min | 2023
Watch recording Part 1

en | 1:07:37 | 2023
Watch recording Part 2

Stan Swamy’s second death anniversary: Stand Up for What Is Right, demand Co-Accused

Stan Swamy’s second death anniversary: Stand Up for What Is Right, demand Co-Accused

poster by @/bakeryprasad

In a Letter From Jail, Stan Swamy’s Co-Accused Ask President Murmu to Stand Up for What Is Right

05/07/2023

The Wire / by The Wire Staff

Today is Father Stan Swamy’s second death anniversary.

Two years ago on this day, 84-year-old Jharkhand-based tribal rights activist Father Stan Swamy breathed his last while in custody. His death exposed the state’s negligence and inability to protect prisoners. Swamy, a Parkinson’s patient, spent close to a year in jail, deprived of the most basic facilities – one of which was a sipper to drink water from.

On his second death anniversary, 11 of his co-accused (Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Hany Babu, Ramesh Gaichor, Sagar Gorkhe and Jyoti Jagtap) – all human rights activists and academics – write a letter to President of India Draupadi Murmu, who belongs to the tribal community that Swamy worked very closely with. Murmu, who recently spoke passionately about the conditions of Indian prisoners, was the governor of Jharkhand when Swamy’s organisation, Bagaicha, was raided and eventually he was arrested by the National Investigation Agency.
Along with the letter, the still-arrested human rights defenders also announced their one-day symbolic hunger strike in Mumbai’s Taloja and Byculla jails, where they are presently lodged.
The full text of their letter to the president is below.
Read more


Caged birds and prison songs: In chorus, Stan Swamy and the Bhima Koregaon accused kept hope alive

05/07/2023

Vernon Gonsalves

Scroll.in / by Vernon Gonsalves

A fellow prisoner’s recollections of the Jesuit priest, who died on July 5, 2021.

“…I am ready to pay the price, whatever be it. But we will sing in chorus. A caged bird can still sing.”
– Father Stan Swamy

When Stan Swamy, in his last message before landing in Navi Mumbai’s Taloja Central Prison in October 2020, declared that a “caged bird can still sing”, he was not talking about the tunes prisoners sing in jail. He had then not been imprisoned before that and was probably not acquainted with prison-singing in its various forms.
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On Father Stan Swamy’s second death anniversary, two letters, a painting and the triumph of memory against forgetting

05/07/2023

The Leaflet / by Sarah Thanawala

Father Stan Swamy’s death was an international shock the ripples of which can still be felt, and a blot on the record of a State that treats criminal justice as its plaything. His legacy is treasured by his co-accused in the Bhima-Koregaon case inside the prison, and everyone who stands for justice and democracy outside the prison.
… The 11 incarcerated accused persons in the Elgar Parishad case are set to go on a day-long hunger strike today. They pen an imaginary letter from Swamy to the President of India Droupadi Murmu, terming it “Prayers that never came to be”.
Read more


“Hopefully waiting” writes Shoma Sen from prison

07/07/2023

InSAF India / by Shoma Sen

This handwritten note by Shoma Sen marks five years in prison for the activist and academic.
As we enter the sixth year of our incarceration the predominant feeling over the last five years is that of waiting. From waiting for default bail in the seventh month of our imprisonment, most of us are still waiting. In jail, we sit there waiting for court dates, waiting for mulakaat, waiting for the newspaper, waiting for bail and for the jail God called Memo. In jail, our sense of time itself gets warped. When a lawyer tells a prisoner that she will get bail in one or two days, it may actually mean one or two years. 24 hours of clock time could mean 24 months in judicial time.
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I Am Not A Mute Spectator – Conversation with four Jesuit priests

I Am Not A Mute Spectator – Conversation with four Jesuit priests

Asianspeaks / by Rejaz M Sheeba Sydeek 

… Rejaz M Sheeba Sydeek had a conversation with four Jesuit priests, Fr. Cedric Prakash, Fr. Joseph Xavier, Fr. Frazer Mascarenhas, and Fr. Martin Puthussery, who were known to Stan and were outspoken against his extra judicial murder.

Rejaz: Several Christian clergymen were executed for opposing fascism during Hitler’s regime in Nazi Germany. Can we equate those institutional murders with Fr. Stan Swamy’s who was killed in India during Narendra Modi’s RSS led Brahmanic hindutva fascist regime because he was working for the liberation of the oppressed?

Fr. Cedric Prakash: Yes, we certainly regard the death of Fr. Stan Swamy as an institutional murder. Fr. Stan we all know accompanied the poorest of the poor, the excluded, and the exploited, the Adivasis and the Dalits in their struggle for a more humane, just, dignified, and equitable life. In doing so he had to take on the most powerful of the land like the politicians, the crony capitalists, the mining mafia, and other vested interests. Because of their illegal unconstitutional and nefarious deeds, Fr Stan was a thorn in their side. He was arrested on absolutely fabricated charges.
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Let us remember Father Stan Swamy and take forward his legacy! Justice for the BK16!

Let us remember Father Stan Swamy and take forward his legacy! Justice for the BK16!

by PUCL India / @PUCLindia (July 4, 2023):
The National Campaign to Defend Democracy, a coalition of over 150 organisations, is hosting a discussion tomorrow at 9 PM to remember Father Stan Swamy & talk about the stories of the accused in the Bhima Koregaon case.
Let’s demand immediate bail and release of all the BK16!


by PUCL India / @PUCLindia (July 4, 2023)
PUCL Karnataka is hosting an event tomorrow at @AshirvadSocial at 5:45 PM!
Join @VSuresh_Rights, Fr. Frazer Mascarenhas and Maitreyi Krishnan (@AilajHq) for a discussion on the work & life of Father Stan Swamy, the abuse of draconian laws like UAPA & the rights of prisoners.


by Jesuit conference of South Asia / @JCSADelhi
On the occasion of the 2nd Death Anniversary of Stan Swamy, you are invited to join a panel discussion on civic literacy and political participation.
#StanSwamy

by Jesuit conference of South Asia / @JCSADelhi (Jul 4, 2023):
We pay tribute to our martyr, Fr. Stan Swamy, on the occasion of the second anniversary of his martyrdom.
#StanSwamy #ReleaseAllPoliticalPrisoners


Stan Swamy Commemorative Convention

by Justice for Father Stan Swamy / @FreeFrStanSwamy (June 23, 2023):
Stan Swamy Commemorative Convention
Children’s Theatre Park, Ernakulam
5th July,
3 p.m. IST


Human rights activists to hold Sankalp Sabhas on July 5

04/07/2023

The Telegraph / by Animesh Bisoee

Activists in Jharkhand have decided to take a pledge to continue their fight for jal, jungle and jameen, along with a demand for punishment to those responsible for ‘murder’ of Stan Swamy.
Human rights activists in Jharkhand have decided to take a pledge to continue their fight for jal (water), jungle (forest) and jameen (land), along with a demand for punishment to those responsible for the “murder” of Stan Swamy, on July 5 which marks the third death anniversary of the Jesuit priest.
Read more


The Challenge to Live Fr. Stan Swamy’s Legacy Today!

04/07/2023

Countercurrents.org / by Cedric Prakash

… Given the grim realities which throttle the nation today, one person whose physical presence is greatly missed today is that of Jesuit Father Stan Swamy. Two years ago on 5 July 2021, he said ‘good-bye’ to us, having completed his pilgrimage here on earth. He was arrested on 8 October 2020 on fabricated charges, incarcerated in the Taloja jail where he suffered very much. His terrible and untimely death is regarded by many as ‘institutional murder’. He has still not been declared ‘innocent’ by the courts. However, Stan (as he was called by all very lovingly) the man, mission and message -lives on in the hearts and lives of thousands everywhere. He has left us with a rich legacy and challenges us to live that legacy today.
Read more


Also read/watch:

Video: Testimony of Stan Swamy, two days before his arrest on 8 October 2020.


en | 7:48 min | Oct 6, 2020
Watch video

I am not a Silent Spectator – Why Truth has become so bitter, Dissent so intolarable, Justice so out of reach

An Autobiographical Fragment, Memory and Reflection


Indian Social Institute, Bangalore | by Stan Swamy | August 2021
Edition: Aug 2021
Publisher: Indian Social Institute, Bangalore
Language: English
Paperback: 149 pages
Access a free PDF copy of the book here

Institutionalisation of injustice the order of the day, says noted journalist-author

Institutionalisation of injustice the order of the day, says noted journalist-author

The Telegraph / by Achintya Ganguly

P. Sainath said this while delivering the second Father Stan Swamy memorial lecture on ‘Governance by gagging and the moral universe of media’
Earlier the media was expected to speak the truth to the power that be but now it also needs to speak the truth about that power.
Magsaysay award-winning journalist-author P. Sainath said this while delivering the second Father Stan Swamy memorial lecture on “Governance by gagging and the moral universe of media” at XISS auditorium in Ranchi on Sunday afternoon.
Read more

Digital archive on Adivasis named after Father Stan Swamy / Justice for Stan Swamy

Digital archive on Adivasis named after Father Stan Swamy / Justice for Stan Swamy

Independent filmmaker sets up digital archive on Adivasis named after Father Stan Swamy

25/06/2023

The Telegraph / by Animesh Bisoee

The Stan Swamy Archive of Adivasi Narratives is available on YouTube as a repository of videos on the tribal way of life, interviews with achievers and common Adivasis and their problems
An independent filmmaker and poet has set up a digital archive on Adivasis named after Father Stan Swamy, the Jesuit priest and tribal rights activist who died in custody in July 2021 and became a symbol of State repression.
Read more


Stan Swamy Commemorative Convention

by Justice for Father Stan Swamy / @FreeFrStanSwamy
Stan Swamy Commemorative Convention
Children’s Theatre Park, Ernakulam
5th July,
3 p.m. IST


Equality, Liberty, Fraternity: During Emergency and at Present

by Justice for Father Stan Swamy / @FreeFrStanSwamy / program by (PUCL Delhi)
Gandhi Peace Foundation,
New Delhi
24 June,
5.30 p.m. IST


Also read:
● Vigil for Stan Swamy (jesuits.org.uk / June 2023)
● Remembering Stan Swamy. July 5, 2022