Stan Swamy, accused in Elgaar case, dies at 84

Mumbai: Father Stan Swamy, the Jesuit priest and tribal rights activist, arrested in the Elgaar Parishad case, breathed his last in a Mumbai hospital on Monday. Doctors at Holy Family Hospital, Bandra, informed the Bombay High Court that Swamy, 84, passed away around 1.30 pm.

His lawyers moved the Bombay High Court on Monday morning, seeking an urgent hearing on his medical bail plea, after his health deteriorated on Sunday and he was put on ventilator support.

On July 3, the HC had said that Swamy can stay in hospital till July 6 when it will hear his bail plea. At 2.30 pm on Monday, a division bench of Justice S S Shinde and Justice N J Jamadar took up urgent hearing 'out of turn' on appeals by Father Stan Swamy against special court orders rejecting his bail pleas on medical grounds and merits.

Beginning the hearing, the bench said, "We have received precipice, we will hear it tomorrow (Tuesday) and keep it first on board for hearing. We want in a sealed envelope his medical report from the Hospital."

However, Senior Counsel Mihir Desai urged the HC to hear Dr Ian D'Souza, medical director of the Holy Family Hospital.D'Souza said, "It is with a very heavy heart I have to inform you that Father Stan Swamy passed away around 1.30 pm in the hospital today. On Saturday, he (Swamy) suffered cardiac arrest at 4.30 am, we couldn't revive him. He was put on a ventilator. After this, he did not regain consciousness and he was declared dead at 1.24 pm today. Cause of death is pulmonary infection and Parkinson's disease among others. There were post-Covid effects on his lungs."

A Bombay HC division bench, led by Justice S S Shinde, said: "With all humility at our command, we really are shocked by hearing this news. Therefore, last hearings we immediately allowed him to remain in hospital of his choice. We have no words to express."

Public Prosecutor Deepak Thakare for the prison authorities told HC that it was necessary to conduct inquest panchnama on Swamy's body along with the post-mortem examination before handing it over for performing last rites, which the court directed the authorities to conduct 'forthwith'. Thakare assured HC that requisite steps will be taken during the course of the day (Monday).

The HC order added, "We make clear that all necessary inquiries, which are required to be made in case of death of appellant in custody, shall be made by competent authority. This order may not be construed as expression of opinion on any of the relevant issues in that regard," HC noted.