Bombay High Court directs Taloja Jail authorities to produce Father Stan Swamy before it via video conference

The Bombay High Court on Wednesday directed the Taloja Central Prison authorities to produce Bhima Koregaon accused Father Stan Swamy before it on Friday, through video conference.

. The Court also directed the prison authorities to take Swamy to the JJ Government Hospital for a medical check up.

The Dean of JJ Hospital was directed to form a committee of doctors comprising a neurophysician, an ENT specialist, a orthopaedic specialist, a general physician and any other doctor required to medically examine Swamy.

The prison authorities have been directed to submit the report in Court on May 21 at 11 am.

. The vacation bench of Justices SJ Kathawalla and SP Tavade issued the directions while hearing appeals filed by Swamy challenging the two orders passed by the Special NIA Court rejecting his bail plea in the Bhima Koregaon case.

. During the hearing, the Court was shown a report from the Taloja prison hospital which stated that Swamy's condition was haemodynamically stable.

It was also stated that Swamy had been given all the facilities required for his stay in the prison, including regular examinations by a psychiatrist.

The report went on to state Swamy did not complain about anything, and in fact expressed his satisfaction with the facilities in the prison.

. Senior Advocate Mihir Desai , appearing for Swamy, objected to the report. He referred to a note which was tendered by him yesterday, which gave his latest medical condition after the appeal was filed.

. The note stated that Swamy was critical and the Taloja prison had only three persons, all of whom were practitioners in Ayurveda.

"There are no staff nurses, no pharmacists/compounder, no nursing assistants, no laboratory technicians and no medical specialist (general medicine, dentistry or gynaecologist. There are no psychiatrist counsellors employed," the note stated.

. The note further stated that Swamy had purportedly been prescribed a drug which was used in the treatment of a disease he did not have.

"Taking such drugs may exasperate Swamy's mobility related symptoms arising out of the severe Parkinson's," the note stated.

. In its order rejecting bail to the octogenarian, the Special NIA Court held that the collective interest of community will outweigh the right of personal liberty.

. Swamy subsequently approached the Bombay High Court challenging the orders passed by the Special Court refusing him bail in relation the Bhima Koregaon violence that broke out in 2018.

.Bhima Koregaon accused Stan Swamy files appeal before Bombay High Court challenging Special NIA Court order refusing bail. In his application, Swamy contended that he apprehended contracting COVID-19, as presently over 40 inmates of the Taloja jail are positive.

. Swamy has now filed two separate appeals challenging two orders. He has also filed an interim application seeking condonation of delay in challenging the order of October 2020 since there is a delay of more than 90 days in filing the appeal.

He also claimed in his plea before the High Court that his name was not even part of the original FIR, but was added in the remand application filed in 2018 by the police.

Bombay High Court directs Taloja Jail authorities to produce Father Stan Swamy before it via video conference

Neha Joshi

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