Constitute Committee To Examine Father Stan Swamy :Bombay HC To J J Hospital Dean

Background

• Father Swamy was arrested last year on October 8, 2020 and was charged under several sections of the IPC and offences under the Unlawful Activities (Prevention) Act. He was arrested along with 15 other Activists for allegedly supporting the cause of banned CPI (Maoists) through different civil organizations.
• Father Stan suffers from various diseases including acute Parkinson, hearing loss in both the ears and has undergone two hernia operations. According to his plea, he also suffers from lumbar spondylosis and tremors in both hands due to Parkinson's.
• But during the hearing, a report was presented from the Taloja prison which stated that Swamy’s condition was hemodynamically stable.
• The report went on to state that Swamy had no complaints and was expressed satisfaction with the facilities in the prison.

Details

• After several petitions and many follow-ups before the Bombay High Court, finally, Father Stan Swamy was moved to hospital on Tuesday but was shifted back to Taloja prison within hours where has been since October last year.
• Swamy was taken to the hospital as he was found suffering from fever and severe cough, headache and upset stomach for the past week. But he was not tested for covid and was not provided with medical care until May 18.
• However, he was taken to the state-run J.J. Hospital and around 2 pm and was later sent back to prison by midnight.
• In an application filed by Swamy, he has contended that apprehended contracting Covid 19 as presently 40 inmates of Taloja prison were tested positive.

Courts’s Directions

• The bench of Justices Kathawalla and Surendra Tavade have directed to take him back to the hospital and have also directed the dean of the hospital to constitute a committee of doctors and any other doctor who might be needed to examine Swamy.
• On Wednesday, 19th May, 2021, Swamy was represented by Sr. Counsel Mihir Desai and Advocate Mihir Joshi. Desai submitted that they had filed an additional note stating the Father Swamy’s health had been further deteriorated.
• The bench further asked if he can be presented via video conferencing and further directed its order, “We direct the Taloja prison to Superintendent to take the appellant to J.J. 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 10.30 am.”

What do you think of these directions?