On Monday, Tribal rights activist Stan Swamy passed away at 1:30 pm at the Holy Family Hospital in Mumbai. His death came during his fight against the suppression of rights and while he was waiting for bail. Swamy was fighting tooth and nail even for basic needs during his imprisonment. He was an accused in the Elgaar Parishad case.

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Swamy’s lawyer Mihir Desai said on Monday that his (Swamy’s) health condition was critical for the last one month. The senior counsel stated that till late Sunday night, the 84-year-old Jesuit priest was on ventilator support.

Swamy was 84 & had tested positive for coronavirus at a private hospital last month. He was subsequently shifted to the ICU.

Following a court order on May 28, Swamy has been undergoing treatment at the Holy Family Hospital here. His associates and friends had been bearing the cost of his treatment at the private hospital.

Stan Swamy was a vigorous activist for tribals’ rights. Over the past few years, NIA had been sent by the centre after most of such activists who have opposed the stance of central government. In this regard, National Investigation Agency (NIA) had opposed a private hospital and had recommended JJ Hospital. In response to this, Swamy had said: “I would rather die here in prison.”

Stan Swamy was jailed near Mumbai since October. He spent the last few months of his life fighting legal battles for even the smallest of needs. In December last year, he was allowed a straw and a sipper in jail, which he had requested in court on account of Parkinson’s disease.

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Advocate Desai told a bench of Justices S S Shinde and N J Jamadar on Saturday that Swamy’s health was critical. Advocate Desai also added that Swamy was still in the hospital’s intensive care unit (ICU).

The two judges’ bench had then adjourned the hearing on Swamy’s medical bail plea to Tuesday. The bench had also extended his stay at the hospital till then.

Swamy also filed a fresh plea in the HC last week, challenging section 43D(5) of the Unlawful Activities Prevention Act (UAPA). UAPA section 43D(5) imposes stringent bars on the grant of bail to an accused charged under the Act.

On Monday, Desai said that he will not be moving the HC for any urgent hearing on either the bail plea or the fresh plea challenging provisions of the UAPA.

Desai said, “I do not have any morning updates on his (Swamy’s) health. But, till late last night, he was on ventilator support.”

While Stan Swamy was struggling for his life, Desai further told the bench, “So, the priority now is his medical treatment. Even if he is acquitted by the court tomorrow, what can happen? His health condition is such that he will continue being in the hospital.”

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In the wake of a complaint alleging serious health condition of the imprisoned activist, the National Human Rights Commission (NHRC) issued a notice to the Maharashtra government on Sunday.

The notice was sent through the state’s chief secretary. In the notice, NHRC called upon the chief secretary to ensure that every possible effort is made to provide proper medical care and treatment to Swamy as part of life-saving measure and protection of his basic human rights. NHRC also called for a report in the light of the allegations made in the complaint, and the treatment record of the activist.

Swamy had a communication with the vacation bench of the high court via video-conferencing, in May this year. There he had said that his health had consistently declined at the Taloja prison. Swamy had urged the HC to release him on interim bail at that time. He had said that if things continued the way they were, he “would die soon”.