‘Send Stan Swamy for health check-up today’
MUMBAI: The Bombay high court (HC) has directed the Taloja jail superintendent to take Elgar Parishad accused Fr Stan Swamy, 84, to Sir JJ Hospital for his medical check-up on May 20 at noon. The HC has also directed the dean of Sir JJ Hospital to constitute an expert committee which includes a neuro physician, orthopaedic surgeon, ENT specialist and any other doctor to examine Swamy and submit its report by May 21. The court also directed the state prison authorities to bring Swamy before the court through a video conference on May 21.
The vacation bench of justices SJ Kathawalla and SP Tavade was hearing the bail application on the medical ground which was filed in the HC by Swamy’s relatives after the special court rejected his plea for substantive bail in March 2021. On May 4, while hearing the appeal by Swamy against the special court order, the court had directed the relatives to file a separate application for interim bail on the medical ground which was heard on Wednesday. Swamy was arrested in October 2020 and has been kept at Taloja jail since then.
Senior advocate Mihir Desai informed bench that on Monday a note seeking urgent hearing of Swamy’s medical bail application was moved as his condition had deteriorated over the past week and he had developed cough and fever, and he was not even tested for Covid, even though 26 jail inmates and staff had tested positive.
The note also claimed that the jail hospital did not have proper medical facilities to treat the octogenarian who had underlying conditions.
Desai further submitted that as Swamy was in an advanced stage of Parkinson’s disease and could not hear or stand on his own. Hence, he should be released on temporary bail or shifted to a private hospital.
Additional solicitor general Anil Singh for National Investigation Agency (NIA), a probing agency opposed plea and sub
MUMBAI: The Bombay high court (HC) has directed the state prison authorities to shift Elgar Parishad accused Hany Babu who is lodged in Taloja jail since his arrest on July 28, 2020, to a private hospital of his choice, provided his family is willing to foot the bill for treating an opthalmology problem due to an infection. While Babu was taken to Sir JJ Hospital to examine his eyes, he tested positive for Covid-19, and was hence shifted to GT Hospital.
However, after GT Hospital said that they were not equipped to treat Babu’s opthalmology problem, he was to be shifted back to Sir JJ Hospital for further treatment. Babu’s family sought permission from the court to transfer him to Breach Candy Hospital on the assurance that they would foot the bill for treating his eye problem, which the court allowed. Babu will be shifted to Breach Candy Hospital on Thursday.
A division bench of justice SJ Kathwalla and justice SP Tavade, while hearing the urgent bail application of Babu on medical grounds, was informed by advocates Yug Choudhary and Payoshi Roy that the Delhi University associate professor had
mitted that Swamy was being provided proper medical treatment and his health was being regularly monitored. Singh’s submissions were corroborated by the prison report which stated that the general condition of Swamy was stable and that he was provided with a high protein diet, hot water for bathing and provided two attendants- the prisoners at their willingness.
Additional public prosecutor JP Yagnik for the state referred to the report and stated that Swamy had been provided with developed a swelling in his left eye on May 3, was having double vision and was in pain. After repeated requests by Babu’s family, the prison authorities took him to Sir JJ Hospital for examining his eye on May 12 where he tested positive for Covid-19.
Choudhary submitted that as Babu was to be shifted to Sir JJ Hospital for treating the eye problem the family wanted him to be moved to a private hospital and hence sought bail for him. However, the application was opposed by the National Investigation Agency (NIA). Additional solicitor general Anil Singh for NIA submitted that Sir JJ Hospital, KEM and Nair hospital were well equipped to treat the eye problem.
After hearing the submissions, the court directed that he be shifted to Breach Candy Hospital. In response to NIA’S objection, the court said, “Let the family get the psychological satisfaction at least that he is treated in a hospital of their choice.”
a mattress, bed sheet, pillow, sipper, walker and walking sticks, commode, was being examined by psychiatrists at regular intervals and had a stable pumping heart and good blood circulation. However, Desai disputed the accuracy of the report and said that there was no mention of Swamy’s complaint of abdomen pain and pain due to lumbar spondylitis, in the report.
The bench ordered Swamy’s health checkup and sought a report to be submitted by 11 am on Friday.