Elgar Parishad case: HC directs Stan Swamy to be checked at JJ Hospital on May 20

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 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.

HT Image

The vacation bench of justice SJ Kathawalla and justice 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 application 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 the 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 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 and monitor 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 and hence in light of the spread of Covid-19 in prisons he should be released on temporary bail or shifted to a private hospital.

The note also claimed that as per statistics posted on the Maharashtra State prison website on April 13, Taloja prison had 3,251 inmates while its capacity was of 2124 inmates only. The note further stated that while the jail required to have 2/3rd of its capacity to maintain physical distancing norms it was not complying with the decongestion norms laid down by the Supreme Court (SC).

The note also stated that Swamy was taking allopathic medicines along with the antibiotics prescribed by Ayurveda doctors in Taloja Jail hospital. The lawyer further submitted that given his ill health and severe comorbidities, Swamy is at risk of getting infected by Covid-19.

Additional solicitor general Anil Singh for the National Investigation Agency (NIA), a probing agency opposed the plea and submitted 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 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.

After hearing the submissions, the bench ordered Swamy’s health checkup and sought a report to be submitted by 11 am on Friday. “In the event of Taloja prison having video conference facility, it shall produce appellant Swamy before the court on May 21,” said HC.