Activist Stan Swamy, who died on Monday, was undergoing treatment at a hospital of his choosing and was given a wheelchair, walker and other medical equipment during his judicial custody in a Maharashtra jail, officials said.
He was suspected of having been a member of the outlawed CPI (Maoist) and was involved in “furthering its activities”, they added.
Swamy, a Jesuit priest who came under the scanner for his alleged links to the Elgar Parishad case in 2018, was arrested last October. The 84-year-old suffered a cardiac arrest early on Sunday. He was put on ventilator support at a private hospital in suburban Bandra, where he died on Monday.
Several Opposition leaders condoled his death and criticised the Central Government. While Congress leader Rahul Gandhi said Father Swamy “deserved justice and humaneness”, Kerala chief minister Pinarayi Vijayan said it was unjustifiable that “a man who fought all through his life for our society’s most downtrodden had to die in custody”.
But officials said Swamy was kept in a separate cell of prison hospital with “all necessary precautions and two attendants as per advice of medical officer of Taloja Central Prison” in Maharashtra’s Navi Mumbai during his judicial custody.
They said Swamy, who had Parkinson’s disease, was provided with a wheelchair, walker, walking stick, straws, sipper, mug, commode chair, battery cells for his hearing machines, dental treatment, visiting psychiatrist and telemedicine.
The officials said the Elgar Parishad case relates to alleged inflammatory speeches made at a conclave in Pune on 31 December, 2017. According to Pune Police, the speeches triggered violence the next day during celebrations to commemorate the victory of the British Army (which had several Dalits) against the upper caste Peshwas in an 1818 war. The violence in Bhima Koregaon and nearby areas killed one person and damaged properties.
According to the officials cited above, a case was registered (FIR No. 04/2018) on 8 January, 2018, at Vishrambaug police station in Pune over provocative speeches that authorities say promoted enmity between caste groups. Investigations revealed that Maoists were in contact with organisers of Elgar Parishad “to spread the ideology of Maoism/Naxalism and encourage unlawful activities”, the officials said. The case was later transferred to the National Investigation Agency (NIA).
Swamy was arrested on 8 October, 2020, for his alleged role in the case and was “duly informed of grounds of arrest in terms of relevant sections of law”, the officials said. They added all medical formalities after arrest were completed.
A day after his arrest, Swamy was produced in a special NIA court in Mumbai and a supplementary charge sheet was filed against him under relevant sections of the Indian Penal Code and the stringent Unlawful Activities (Prevention) Act, or UAPA. He was sent to judicial custody to the Central Jail in Taloja. Later, his bail applications were rejected by the Bombay High Court.
During one of the hearings in the high court, he was advised by the court to be treated at JJ Hospital. The court allowed Swamy’s prayer to be shifted and treated at Holy Family Hospital, Bandra, along with one attendant, as per protocol.
The Maharashtra government was directed to provide protection during the treatment. Swamy had been admitted in the hospital since 28 May, though there have been allegations that he was denied treatment for over a week. He contracted COVID-19 in May-end.
The National Human Rights Commission had asked the Maharashtra chief secretary to ensure every possible medical treatment to Swamy as part of life-saving measures and protection of his human rights. But on 3 June, Swamy suffered a cardiac arrest at the hospital.
On Monday, he died while undergoing treatment.