Mumbai: The Bombay High Court on June 17 extended tribal rights activist Father Stan Swamy’s private hospital stay until July 5 after studying his medical report.

The court said the detailed medical report from the medical director of Mumbai’s Holy Family Hospital says the 84-year-old priest continues to be critical and requires intensive care. “In view of aforesaid report, we deem it appropriate to extend the admission of the appellant in Holy Family Hospital Bandra in terms of orders passed by this court on May 28, 2021 till July 5, 2021. Appeal be listed on July 3,” the bench said.

Father Swamy is among 16 accused in the Bhima Koregaon – Elgar Parishad caste-based violence case.

While deferring the hearing for two weeks, a Division Bench of Justices S S Shinde and N J Jamadar has also directed that copies of Father Swamy’s medical report forwarded by Holy Family Hospital be made available to counsels for appellant and the respondents.

After noting that Senior Advocate Mihir Desai appearing for Father Swamy has no objection with copies being made available, the bench requested the Registry to make copies of the Medical Report and asked the counsels for appellant, State and NIA, to collect the copies from Office of Registrar Judicial of the High Court.

While noting that the medical report shows that there are serious medical issues, the bench orally observed that Advocate Sandesh Patil appearing for NIA can look into the report and make his submissions on the next hearing.

The court was hearing an appeal against the Special NIA court’s decision to reject interim emergency bail to Father Swamy in October 2020. The plea seeks his release on interim bail on medical grounds or, in the alternative, house arrest.

The Bombay High Court had on May 28 directed the Maharashtra government to transfer ailing Father Swamy to the Holy Family Hospital from Taloja Central Jail for treatment.

The court on June 10 extended his private hospital stay until June 18 after it was informed he had tested positive for Covid-19.

The bench had also directed Holy Family hospital to submit a report on the octogenarian’s health by June 17 before adjourning his petition for hearing on June 18.

One of the oldest to be charged under the stringent Unlawful Activities (Prevention) Act, Father Swamy suffers from acute Parkinsons, hearing loss in both ears. He has also undergone two hernia operations. He suffers intense pain due to lumbar spondylosis (wear and tear of the lumbar disc,) and tremors in both hands.

During an earlier hearing before the vacation bench, Father Swamy had refused to get admitted to a hospital, pleading with the court to grant him interim bail so that he could be with his own. He told the court that his condition has progressively deteriorated in prison.

‘I would rather suffer, possibly die very shortly if this were to go on… my deterioration is more powerful than the small tablets that they give,” Father Swamy had said.

However, his counsel Desai had requested the court for time to convince him to take treatment in a hospital. Finally, Desai had moved the court on May 28, on an urgent request that his condition was deteriorating rapidly. The bench then directed the state to transfer Swamy to a private hospital immediately for 15 days.

On June 10, Desai had requested the court to continue its earlier order and allow Father Swamy to extend his hospital stay. He had submitted that Father Swamy had tested positive for Covid two days after being admitted to the hospital and is currently undergoing treatment.

Noting no significant opposition from the state or NIA, the bench had said that they would continue their earlier order until June 18, when they were likely to hear his medical bail plea.

Father Stan was arrested on October 8, 2020, and charged under various sections of the Indian Penal Code and offences under the Unlawful Activities (Prevention) Act for allegedly furthering the cause of the banned CPI (Maoist) through various civil rights organizations.

Father Swamy is the founder of Bagaicha, an organization dedicated to empowering Adivasis, including fighting against illegal detention of minors charged with being Maoists. The NIA has claimed that Bagaicha is connected with Vistapan Virodhi Jan Vikas Andolan (people’s progressive movement against displacement).

Father Swamy had in 2017 clarified that the movement is a broad people’s movement that was formed spontaneously during the first decade of Jharkhand as a separate state.

Source: livelaw.in