Bombay HC directs prison staff to take father Stan Swamy to JJ hospital for check-up on Thursday

MUMBAI: Bombay high court on Wednesday directed Taloja Prison superintendent to arrange to take Fr Stan Swamy, 84, to JJ hospital on Thursday at noon.
The HC directed JJ hospital Dean to form a committee of doctors comprising Neuro physician, ENT, Orthopedic and general physician apart from any others required to examine Swamy and submit a report to the HC on May 21.
The HC bench of Justices S J Kathawalla and SP Tavade passed the order while hearing an appeal filed by Fr Swamy, an accused and undertrial prisoner in the Elgar Parishad case where he is alleged to be a Maoist, seeking medical bail on grounds that he has Parkinsons, hearing loss in both ears and lumbar spondylosis. He has had no fall inside prison so far, it added and said he is not eligible for emergency temporary Covid-19 bail under the May 2020 guidelines of a high power committee, said the report submitted by additional government pleader Jayesh Yagnik.
The HC had on May 4 had directed the state to file a medical report, which it did. The report said his heart was in good condition and his blood flow was proper. The report by a medical officer of Taloja prison said that he was admitted to prison hospital and his vital parameters are monitored daily and was being given medical treatment with all necessary precautions and care with two attendants among prisoners willing to help him.
The HC however noted, “nothing is mentioned about his abdominal pain and leg pain due to spondylosis’’.
Additional Solicitor general Anil Singh with advocate Sandesh Patil for National Investigation Agency (NIA) which is the prosecution agency and opposed his plea, said the report also noted that Fr Swami has “never complained of anything and has expressed his satisfaction with all facilities (wheelchair, walker, walking stick, straws, sipper mug, sipper bottle, commode chair and cells for his hearing aid, dental treatment, visiting psychiatrist, tele-medicine etc) provided to him by the Taloja prison administration.’’
Senior counsel Mihir Desai appearing for Fr Swamy disputed the report and hence the HC said it was directing examination by a JJ panel of doctors. The HC also directed the prison to inform if it has a video conferencing facility and to produce Fr Swami before the bench on May 21 at 10.30 am via VC, if it does.
Fr Swamy has been chargesheeted for a litany of offences under the stringent anti-terror law—unlawful Activities (Prevention) Act (UAPA) invoked, along with several under the Indian penal Code including act against communal harmony and waging war against government of India in an FIR originally filed by Pune’s Vishrambaug police station in January 2018 following the Elgar Parishad at Shaniwar Wada.
Desai said there are no allegations that arms were found. Fr Swamy has a long history of working with tribal rights organisations in Jharkhand and is the founder of Bagaicha, an organization dedicated to empowering adivasis.
The NIA arrested him on October 8, 2020 from his residence in Ranchi after having extensively interrogated him in July and August last year for almost 15 hours. No police custody was sought and he was remanded to judicial custody immediately, said his petition.
On October 22, 2020, the special trial court rejected his plea for interim medical bail and hence he moved the HC in April 2021.