Bombay High Court Directs Taloja Jail Authorities To Take Bhima Koregaon Violence Accused Stan Swamy To JJ Hospital For Medical Examination

  • Shruti Kakkar
  • 02:00 PM, 19 May 2021

Read Time: 07 minutes

The Bombay High Court has directed Taloja Jail Authorities to take Stan Swamy to JJ Hospital for medical examination tomorrow at 12:00 PM.

The 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 has further 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 said. 

Directions have also been issued by the Court to Taloja Jail Authorities to produce Swamy before the Court through Video Conferencing on May 21, 2021.

Advocate Sandesh Patil appearing for NIA apprised the Bench that the plea has been filed against the order dated October 22, 2021 vide which the Court rejected Swamy’s bail plea filed on medical grounds & the Court vide order dated May 4, 2021 directed the medical officer to file a report on Swamy’s medical condition.

On the other hand, Advocate Mihir Desai appearing for Swamy disputed the correctness of the report submitted by the medical officers. 

Swamy’s medical bail plea was listed after his counsel Mihir Desai submitted a note to the court detailing the lack of medical aid at the Taloja prison, the lack of physical distancing at the facility and Swamy’s health condition. 

The note stated how Father Stan was unwell with cough, fever, an upset stomach & a feeling of weakness.

Afflicted with the advanced stages of Parkinson’s disease and debilitating tremors in both arms almost impairs him from accomplishing basic and essential daily tasks such as eating food, drink water and putting on clothes and taking bath, without the assistance of fellow inmates. 

Parkinson’s has also affected his ability to walk and he also took a fall in the bathroom. He has also been suffering from episodes of memory loss. He has difficulty remembering names and faces and is more often than not unable to recognise someone who he has met in the past and needs to be reminded of his earlier encounters with the said person.”, the note stated.

Owing to his deteriorating health conditions, Swamy on Tuesday was shifted to JJ Hospital in Mumbai from Taloja Jail & was later brought back to the jail after the tests.

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. 

Last week, 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.