Elgaar Parishad case: Swamy detained under due process of law, says Centre
India on Tuesday rejected mounting international criticism over the handling of the case of Father Stan Swamy, an undertrial who died on Monday, saying the concerned authorities act against violations of law and do not restrain legitimate exercise of rights.
The Ministry of External Affairs said India remains committed to the promotion and protection of the human rights of all its citizens and that the country's democratic polity is complemented by an independent judiciary and a range of national and state-level human rights commissions.
Stan Swamy, who was arrested last year under the Unlawful Activities (Prevention) Act in connection with the Elgar Parishad case, died in a Mumbai hospital on Monday.
Noting that Father Stan Swamy was arrested and detained by the National Investigation Agency following due process under law, the ministry said because of the specific nature of charges against him, his bail applications were rejected by courts.
"Authorities in India act against violations of law and not against legitimate exercise of rights. All such actions are strictly in accordance with the law," MEA spokesperson Arindam Bagchi said.
His comments came in response to media queries on the demise of Stan Swamy.
In view of Father Stan Swamy's ailing health, the Bombay High Court had allowed his medical treatment at a private hospital where he was receiving all possible medical attention since May 28, Bagchi said.
The MEA spokesperson said Swamy's health and medical treatment was being closely monitored by the courts and he passed away on July 5 following medical complications.
"India's democratic and constitutional polity is complemented by an independent judiciary, a range of national and state level human rights commissions that monitor violations, a free media and a vibrant and vocal civil society," Bagchi said.
"India remains committed to promotion and protection of human rights of all its citizens," he added.
Earlier, the UN body on human rights said it was "deeply saddened and disturbed" by the death of 84-year-old activist in pre-trial detention.
Horrible news to learn that Indian HRD Fr. Stan Swamy is in very serious condition&was put on a ventilator last night.He's spent 9 months in jail on unfounded charges.I’m deeply saddened&expect that every possible specialist treatment will be provided to him— Mary Lawlor UN Special Rapporteur HRDs (@MaryLawlorhrds) July 4, 2021
UN High Commissioner for Human Rights Michelle Bachelet and the UN's independent experts have repeatedly raised the cases of Swamy and 15 other human rights defenders with the government of India over the past three years and urged their release from detention, it said.
"We are deeply saddened and disturbed by the death of 84-year-old Father Stan Swamy, a human rights defender and Jesuit priest, in Mumbai yesterday, following his arrest in October 2020 under India's Unlawful Activities (Prevention) Act," Liz Throssell, the spokesperson for the UN High Commissioner for Human Rights, said.
"Father Stan had been held in pre-trial detention without bail since his arrest, charged with terrorism-related offences in relation to demonstrations that date back to 2018," she said in a statement.