[Bhima Koregaon] Bombay HC Directs Maharashtra Govt To Transfer Stan Swamy To Holy Family Hospital

The Bombay High Court today directed the Maharashtra Government to transfer Stan Swamy to Holy Family Hospital from Taloja Central Jail. 

The bench of Justice SS Shinde and NR Borkar heard the matter on an urgent basis and ordered the transfer brushing aside the objections raised by the State Government and probe agency NIA. 

The Court has directed Swamy to be transferred at his own expense during the course of the day for 15 days in order to treat him for his ailments.

Additional Public Prosecutor JP Yagnik appearing for the State Government submitted that the jail hospital had all the facilities and Swamy could easily be treated there. 

Supporting JP Yagnik's contention, ASG Anil Singh for National Investigation Agency submitted that Fr Swamy should be shifted to a government hospital and not a private hospital.

Earlier, vacation bench of Justice SJ Kathawalla & Justice Surendra Tavade while hearing an appeal against the order October 22, 2020 passed by NIA Court rejecting the bail application of alleged CPI(Maoist) member, Stan Swamy, arrested by the National Investigation Agency (NIA) in the Elgar Parishad case on medical grounds had directed the Taloja Central Jail Authorities to strictly follow the recommendations of the JJ Hospital committee as well as the facilities mentioned.

On May 19, 2021, the Vacation Bench of Justice SJ Kathawala and Justice SP Tavade had directed the management of JJ Hospital to constitute a committee for examining the medical condition of Swamy & submit a report before the Court on May 21, 2021.

“We direct the jail superintendent Taloja Central Prison, Navi Mumbai to take the appellant to JJ Hospital tomorrow at 12:00 noon. The JJ Hospital to form a committee of doctors & give suggestions. The JJ Hospital to submit a report to this court on May 21. In the event of Taloja Central jail having VC Facility, they shall arrange a meeting of the appellant with the court.”, the Court had said. 

After being arrested by the National Investigation Agency for his alleged involvement in the violence that occurred in Bhima Koregaon on January 1, 2018 Swamy was lodged in Taloja Jail. 

The families and friends of activists arrested in the Bhima Koregaon case had written to Maharashtra Chief Minister Uddhav Thackeray, urging the immediate release of the undertrials in light of the threats to their life and health posted by the devastating second wave of the coronavirus pandemic.