Bombay HC permits transfer of Fr Stan Swamy to Holy Family Hospital from prison

MUMBAI: Bombay high court on Friday, at a special urgent hearing, directed shifting of Elgar Parishad accused Fr Stan Swamy, 84, currently lodged at Taloja prison to Holy Family Hospital.
A vacation bench of Justices SS Shinde and NR Borkar heard Fr Swamy’s counsel Mihir Desai on a plea to shift him to the private hospital as his condition was not amenable to him continuing at the prison without proper medical assistance. He said the hospital expenses would be borne by Fr Swamy and the state would not have to bear the expenses.
Desai and advocate Mihir Joshi, informed the HC that Fr Swamy's attendants at the prison informed that his "health was is extremely precarious with reduced oxygen saturation and acutely fluctuating blood pressure." Citing the urgency, they said, "he is unable to stand, eat or visit the toilet."
The HC said he may be shifted during the course of the day. It also permitted ex-principal of St Xavier’s College Fr Frazier Mascarenhas to meet Fr Swamy at the hospital at regular intervals and posted the matter next to mid June.
Fr Swamy filed an affidavit on Friday requesting that he be shifted to Holy Family Hospital.
The HC directed the appointment of a constant attendant for Fr Swamy as he needs assistance to carry out daily tasks. The HC also said security detail be posted at the hospital.
Additional solicitor general Anil Singh with advocate Sandesh Patil for the National Investigation Agency (NIA) said if Fr Swamy is to be hospitalised, he should be sent to government-run Sir JJ Hospital and not to a private hospital. He said the JJ hospital has all the facilities needed and also a prison ward to take care of his medical needs as well as his security.
The bench however said given that the earlier bench on May 21 had also given Fr Swamy a choice of being shifted to either JJ hospital or a hospital of his choice and given the pandemic conditions, he be shifted to Holy Family Hospital.
On May 21, Fr Swamy had been produced personally via video conference hearing before another vacation bench of Justices SJ Kathawalla and SP Tavade and had said he did not want to be shifted to JJ or any other hospital and that he would rather suffer in jail and await his death there.
Having put questions directly to Fr Swamy who then refused to be shifted to any hospital, the bench on May 21 expressed its inability to direct his hospitalization but adjourning the matter to June 7 had given senior counsel Desai who had requested that he may be shifted Holy Family hospital, liberty of approaching the HC again if the Priest is convinced by then of need to be shifted to the hospital.
The JJ hospital report had said Fr Swamy was responsive but had severe hearing loss in a ear, unbalanced gait, lower limb problem and general weakness.
"I was brought in healthy, to Taloja jail eight months back but over that period all my body functions have deteriorated. I can’t eat on my own, can't bathe or walk on my own. Though I have been getting medicines it has not helped… I am unable to meet the demand of eating (they serve rotis in jail). Someone has to feed me through a spoon," Fr Swamy had told the bench of Justices Kathawalla and Tavade.
The bench had noted that his general health was deteriorating.
Fr Swamy had applied for medical bail which had been rejected last October by the special trial court against which he came in appeal before the HC in April 2021.
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 organisation 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.