Fact check: No, the death of Stan Swamy is not “judicial murder”

A number of false and misleading claims have been doing the rounds ever since Stan Swamy, an 84 year old terror accused, passed away at a hospital in Mumbai on July 5, after recently suffering from Covid. Unfortunately, such claims have been circulated widely on social media, TV channels and newspapers. Here is a fact-check.

Claim: Stan Swamy’s death is a case of judicial murder

Fact check: False

On hearing this claim, I reached out to various experts to find out the legal definition of the term “judicial murder.” It turns out that “judicial murder” is not defined in any existing Indian law or statute. In fact, the term does not appear anywhere in the Indian Constitution, a copy of which may be downloaded here from the website of the Union Ministry of Law and Justice. The term also does not appear anywhere in the Indian Penal Code, nor in the Code of Criminal Procedure.

Claim: Stan Swamy was an activist

Fact check: Misleading

The online Webster dictionary defines “activist” as a person who uses or supports strong actions (such as public protests) in support of or opposition to one side of a controversial issue. While it may be argued that Stan Swamy’s life did include such activities, this is a subjective judgement and incidental to the matter at hand. The individual in question had been arrested on charges of terrorism, under the Unlawful Activities Prevention Act or UAPA. The latter pertain to threats to the sovereignty and integrity of India, as well as efforts for a violent overthrow of the Indian state.

Claim: Modi government kept Stan Swamy in an overcrowded prison

Fact check: False

Stan Swamy had been lodged in Taloja jail near Mumbai in Maharashtra. The Taloja jail is administered by the Department of Prisons of the State of Maharashtra. My fact check revealed that the state of Maharashtra is currently ruled by a multi-party coalition that does not include the BJP. Hence, whatever the conditions in Taloja jail, it is false to say that Modi govt or any other BJP government kept him in an overcrowded prison.

Claim: Judicial system and criminal justice system were slow to take up Stan Swamy’s appeals

Fact check: Misleading

Even a cursory glance at news reports will prove that since his arrest in October 2020, Stan Swamy’s appeals have been considered in multiple courts and various levels. On Oct 23, 2020, his bail application was rejected by the special NIA court. Subsequently, on Nov 26, 2020 and on Dec 4, 2020, the special NIA court discussed the matter of his personal needs, such as a straw, sipper and warm winter clothes. This shows that his situation was constantly under consideration by the judiciary. Further, in May 2021, his case was again presented before a vacation bench of the Bombay High Court. In fact, at the time of his demise, his case was actively being heard in the High Court.

While fast or slow are subjective terms, such level of judicial scrutiny is a rare privilege for prisoners under trial in India. Approximately 70 percent of India’s jail population is currently made up of under-trial prisoners and roughly 1.6 crore criminal cases are pending in India. As such, the due process received by Stan Swamy appears to be very much above average.

Claim: Bringing Stan Swamy from Ranchi to Mumbai ignored his medical needs

Fact check: False

Mumbai is a major metropolis, with a medical infrastructure vastly superior to Ranchi. In fact, Mumbai is a global destination for medical tourism. Around 27 percent of medical tourists arriving in India go to Maharashtra, with nearly 80 percent of those headed to Mumbai. In contrast, the situation in Jharkhand is dire, with only 291 functioning Public Health Centers and just 2,800 doctors employed by the state government for a population of 3 crore people.

8 thoughts on “Fact check: No, the death of Stan Swamy is not “judicial murder”

  1. Since this blog is about Stan Swamy, an alleged terrorist who has been recorded as having been in cahoots with those of his ilk in converting and/or subjecting tribals to great abuse, it might be just the right occasion to talk of someone at the opposite end of the pole, one who did not seek to instigate violence in the country or plan an insurrection. Indeed, the person was a nationalist in every sense of the term as much, one could argue, was Stan Swamy a terrorist.

    I had the below forwarded on WhatsApp. If the facts are correct, the contrast with the above abominable character is abundantly clear. I did a quick Google search and it appears to be all true; see the Wikipedia entry here: https://en.wikipedia.org/wiki/Rani_Rashmoni.

    —————-

    How many amongst us in the group know the answer(s) to the questions below?

    “Do you know who did all this……. a hint…a woman from Kolkotta (Calcutta)

    1. Constructed bridge over Ganga at Howrah and set up Calcutta Town?

    2. Neither allowed British to collect taxes on the rivers nor ever allowed anyone to stop Durga procession?

    3. Built Dakhineswar Temple in Kolkata?

    4. Built large utility Wharf (ferry jetty), Quay (landing-place), bathing-place for common Kolkattans in the river Ganga in Kolkata which are still famous as Babu Ghat, Neemtala Ghat?

    5. Recovered and renovated Sankaracharya Temple in Srinagar?

    6. Built walls of Krishna Janambhoomi at Mathura?

    7. Purchased Freedom for 2000 Hindus in Dhaka from Muslim Nawab?

    8. Started Boat services from Rameshwaram to Sri Lanka for Temple pilgrimage for Hindus?

    9. Donated land on which Kolkata Cricket Stadium is built?

    10. Constructed road from Suvarnarekha River to Puri?

    11. Donated huge amount to set up Presidency College and National Library in Kolkata?

    Have Nehru, Leftists, Maulvis, Cardinals and their pet historians included this great woman in your syllabus? No, you never heard of her.

    I am sure 99% Indians even don’t know about this Great Woman of India who reformed Bengal like this.

    Name of this Great Woman is Rani Rashmoni, the widow of a Kolkata Zamindar, Babu Rajachandra Das.

    She had done so much magnanimous works during her lifetime from 1793 AD to 1863 AD that her statues should have been erected across Delhi and the rest of India.

    Rani Rashmoni belonged to the Kaivartha caste which is presently regarded as lower caste community (Scheduled Caste).

    Liked by 1 person

    1. The second order effects of Rani Rashmoni’s charity is much higher. than the direct effects (which is itself very significant). Because of her building the Dakshineshwar temple, the Ramakrishna Mission became possible – which multiplied her charity atleast 1000 X.

      The Ramakrishna Mission has done tremendous service to India, especially during disasters. The schools run by the Mission have educated many people and that has contributed significantly to Indian GDP as well. The RK mission also publishes books that have increased cultural awareness.

      Today, we have the likes of Kiran Shaw, Narayana Murthy and the house of Tatas funding the liberal projects. These people should learn from Rani Rashmoni.

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  2. The New Indian Express editorial on this guy says, without a hint of irony or embarassment: “talking with saintly calm, speaking against the injustice”.

    I suppose the same “saintly calm” was equally exuded when bombs were exploded, bodies maimed, scores of humans killed, thanks to the ideology and actions of those he associated and identified himself with. In China, such a person would not have been given the luxury of being checked out at a hospital of his preference. Or the media allowed to write such editorials. He would have disappeared a long time ago.

    But no editorial on the insane violence perpetrated by TMC in Bengal against the Hindus that still continues. You see, there is no injustice there.

    https://www.newindianexpress.com/opinions/editorials/2021/jul/06/stan-swamyand-the-murderof-justice-2326099.html

    Liked by 1 person

    1. The New Indian Express under Prabhu Chawla was perhaps the only pro-NDA English language paper that had not been sold out to the anti-NDA forces and their ideology.Now that seems sold out too.

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  3. Liberals consider themselves to be above all laws and above all courts. Most of them slammed the SC on multiple occasions when the judgement is not to their liking. They want to live in a world where liberals will first pronounce the judgement and after that the courts will rubber stamp that judgement.

    Maybe under another government, Stan Swamy would have got a Padma award. But that government was voted out in 2014. Stan did get an award for Human rights as did another Leftist terrorist, GN Saibaba.

    In the game of chess, a pawn can be promoted to queen. Similarly in the liberal game of chess, a terrorist can be promoted to activist, martyr, saint, school teachers son, physics student etc. It wont be long before the Vatican itself bestows sainthood on Stan Swamy and puts him beside Xavier in the Goa church.

    Sometimes one gets the feeling that the number of people supposedly working for tribals in India exceeds the number of tribals themselves. Every Leftist and their dog seem to be working for tribals. “Working for tribals” may be the biggest scam in the world. Would be nice if the next census counted the number of tribals and the numbers working for them.

    Liked by 2 people

  4. CW you forgot the point out the biggest false claims made by the anti-India forces. That false claim is “All evidence against Stan Smith were planted”. This is their MO and I am dead sure will be used every time and all the time such cases come up. Stupid RG accused the Central government even though Stan Smith was handled by his supported government.

    Liked by 1 person

  5. None of the liberals worried about Kerala Scientist Nambi Narayanan who was falsely accused and put in jail. But for a terror accused Swamy (actually Sami) they cry

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  6. Though the Supreme Court had effectively prohibited courts from engaging in a Substantial Examination of the merits of a case during Bail hearings, Stan Swamy’s death has brought the Jurisprudence around the question of Bail into renewed focus. In the Natasha Narwal case, the Delhi HC had attempted to set a Precedent by conducting a ‘ mini trail ‘ during what was a Bail hearing. Applauded by the Mainstream Media for going ‘ beyond the purview of the bail petition ‘ in an Order that was, according to law enforcement officials, ‘perverse and misdirected’ in nature, a similar chorus has gathered around other controversial Bail Applications pending in courts, most notably those arrested in the Bhima Koregaon Riots cases. The death of Stan Swamy will cast a doleful shadow when the Supreme Court sits down to examine the way the UAPA had been interpreted by the HC in Natasha’s case while deciding Bail, as also on Substantial Questions about Law, Due Process and the Presumption of Guilt/Innocence or its absence in the UAPA.

    Stan Swamy wasn’t a Victim of Custodial Death or Judicial Murder. He died in The Line Of Duty of an ongoing War against India and its Dharmic Traditions. If Politics is Just Another Means For Making War then the Indian State had rolled out the Red Carpet of Due Process of the Law instead of lining up it’s enemies against the wall as Fascist Regimes have done elsewhere, throughout history.
    One also wonders whether the LeftLiberals will turn this into a George Floyd moment ?

    Liked by 1 person

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