High Court orders check up, video hearing for Stan on Friday

The prosecution denies that Stan Swamy was taken to JJ Hospital for a check-up! It was for covid-19 vaccination, the lawyer claimed. The prosecution also indicates that 84 year old Stan is probably ‘fit and fine’ because ‘he has no complaints! Read below the main details of what happened today at the Bombay High Court

The Bombay High Court on Wednesday (May 19)  has ordered the Superintendent of Taloja Central Prison to arrange to send Father Stan to JJ Hospital at 12 noon tomorrow. And has set the date for hearing via video conference for Friday 21st May.

The court directed the Dean of JJ Hospital to constitute a committee of experts to examine the health of Father Stan Swamy,  the 84-year-old Jesuit tribal rights activist accused in the Bhima Koregaon – Elgar Parishad Case.

The bench asked the JJ Hospital committee to submit their report by 11 am on Friday.

Justices SJ Kathawalla and Surendra Tavade also said that father Stan should be produced before the court via video conference at 10.30 am on Friday  if Taloja has the necessary facility.

 The bench was hearing an appeal against the Special NIA court’s decision to reject interim emergency bail to Father Stan, last October. The plea seeks his release on interim bail on medical grounds or, in the alternative, house arrest.

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Father Stan was represented by Senior Counsel Mihir Desai and advocate Mihir Joshi. Additional Solicitor General Anil Singh represented the National Investigation Agency (NIA) and Assistant Public Prosecutor JP Yagnik represented the State.

“The Dean of JJ Hospital to constitute a committee of doctors including Neuro-physician, ENT, Orthoped, General Physician and any other doctor require required to examine the appellant’s complaints and submit its report by 11 am on May 21,” the order read.

Father Stan suffers from acute Parkinsons, hearing loss in both ears, has undergone two hernia operations.

 According to his plea, he suffers intense pain due to lumbar spondylosis i.e wear and tear of the lumbar disc, and tremors in both hands.

Desai submitted that they had filed an additional note to apprise the court on Father Stan’s health as there has been further deterioration.

“He was taken to JJ Hospital yesterday, but no medical report is given,” he said.

APP JP Yagnik said Father Stan was taken to JJ Hospital for vaccination, but Desai vehemently disagreed. He said all inmates are being vaccinated in the prison itself.

According to Taloja’s report Father Stan is hemodynamically stable, and is being provided two attendants for help, hot water for bathing and a high protein diet. A psychiatrist also visits him.

“However, the report doesn’t mention anything about his complaints,” the bench noted.

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ASG then pointed out that the report states that Father Stan has never complained about anything and expressed satisfaction with his treatment.

The bench then asked if he can be produced via video conferencing and dictated its order.

“We direct the Taloja prison Superintendent to take the appellant to JJ 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 10.30am.”

Father Stan was arrested on October 8, 2020, and charged under various sections of the IPC and offences under the Unlawful Activities (Prevention) Act for allegedly furthering the cause of banned CPI (Maoist) through various civil rights organizations, of which he is a part.

He  is facing charges along with 15 other human rights activists.