By Ladislaus Louis D’Souza
Mumbai: A comment posted outside Holy Family Church, a Jesuit-run parish in Andheri East, Mumbai, says: “The caged bird sang and his spirit soared.” But did it, really?
The truth is that Jesuit jailbird Stan Swamy has a long way to go before his soul can be said to be really free at last, the reasons for which are not far to see. Indeed, all that Stan said, did and stood for and all that he endured as a result, right through his imprisonment, constitutes a bold statement: the abysmal state of affairs in the judicial system of the country indicates that those easily buyable dominate the scene, drowning those who can just never be bought!
There are extremely significant theories surfacing in the media, both print and electronic, in relation to Stan’s incarceration—bail obtained with relative ease by less deserving undertrials, liberty unlimited gleefully enjoyed by those who rightfully ought to be behind bars, and so on. And all this under the patronage of the very persons who ought to authoritatively uphold the rule of law as equally applicable to all!
It is reported that “the Bar Association of India (BAI), which has attorney-general K K Venugopal as member and honorary chairman, has attributed Father Stan Swamy’s death in custody to “cruel and unusual institutional mistreatment.” In a statement issued through its general secretary Anindita Pujari, the association on July 8 said that the death of the Jesuit tribal rights activist had “brought disrepute to the Indian legal system and is a failure of the administration of justice.”
What is galling, however, is that such theories are being advanced when the victim of the no-bail tactics of those concerned is no more. Wouldn’t the outcome have been different if what is being discussed in the open today were argued in court while the victim was still alive?
All said and done, would that the Jesuits, the Church in India and BAI, along with former top cop Julio Ribeiro and other conscientious individuals jointly drew up an effective strategy.
The focus of such an exercise would per force be threefold: to speedily look into all the irregularities surfacing and take up issue with the courts urgently in a bid to obtain due justice for Stan posthumously; to have those guilty of the undue denial of bail for Stan brought to book; and, thirdly, to secure justice for Stan’s fellow accused.
Only such concerted action rather than the Nobel would make a truly fitting tribute to the departed soul and to the tribals for whose sake Father Stan suffered so much unto death. Indeed, only then can we hope to hear the caged bird sing and to delight in watching its spirit soar!
The colours of the cage by Arun,one of the accused in the case has brought out how he was repeatedly framed and discharged by the court.
The criminal justice system needs drastic change, if we to be truly free country.