Bhima Koregaon Case: Constitute Committee To Examine Father Stan Swamy -Bombay High Court To JJ Hospital Dean

The bench ordered the Superintendent of Taloja Central Prison to arrange to send Father Stan to JJ Hospital at 12 noon tomorrow. It further asked the JJ Hospital committee to submit their report by 11 am on Friday.

Justices SJ Kathawalla and Surendra Tavade also said that father Stan should be produced before the court via video conference at 10.30 am on Friday if Taloja has the necessary facility.

The bench was hearing an appeal against the Special NIA court's decision to reject interim emergency bail to Father Stan, last October. The plea seeks his release on interim bail on medical grounds or, in the alternative, house arrest.

"The Dean of JJ Hospital to constitute a committee of doctors including Neuro-physician, ENT, Orthoped, General Physician and any other doctor required to examine the appellant's complaints and submit its report by 11 am on May 21."

Father Stan suffers from acute Parkinsons, hearing loss in both ears, has undergone two hernia operations. According to his plea, he suffers intense pain due to lumbar spondylosis i.e wear and tear of the lumbar disc, and tremors in both hands due to Parkinsons.

On Wednesday, father Stan was represented by Senior Counsel Mihir Desai and advocate Mihir Joshi. ASG Anil Singh and APP JP Yagnik were representing the NIA and State, respectively.

Desai submitted that they had filed an additional note to apprise the court on Father Stan's health as there has been further deterioration. "He was taken to JJ Hospital yesterday, but no medical report is given," he said.

APP JP Yagnik said Father Stan was taken to JJ Hospital for vaccination, but Desai vehemently disagreed. He said all inmates are being vaccinated in the prison itself.

According to Taloja's report Father Stan is hemodynamically stable, and is being provided two attendants for help, hot water for bathing and a high protein diet. A psychiatrist also visits him.

"However, the report doesn't mention anything about his complaints," the bench noted.

ASG then pointed out that the report states that Father Stan has never complained about anything and expressed satisfaction with his treatement.

The bench then asked if he can be produced via video conferencing and dictated its order.

"We direct the Taloja prison Superintendent to take the appellant to JJ Hospital at 12 noon tomorrow. In the event of Taloja Prison has a video-conferencing facility they shall arrange a meeting of the appellant with this court on May 21st at 10.30am."

Father Stan was arrested on October 8, 2020, and charged under various sections of the IPC and offences under the Unlawful Activities (Prevention) Act for allegedly furthering the cause of banned CPI (Maoist) through various civil rights organizations, of which he is a part.

Swamy is facing charges along with 15 other human rights activists.