Thread by @barandbench

Vacation Court Bench led by Justice SJ Kathawalla of #BombayHighCourt to hear the application of Father Stan Swamy seeking bail on medical grounds in connection to the #ElgarParishadcase of 2018.

@NIA_India

Earlier in May, the Court directed the State jail authorities to submit a medical report on the health conditions of Swamy granting him leave to move the vacation bench after receiving the medical report.

#ElgarParishadcase #BombayHighCourt

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ASG Anil Singh submits on behalf of NIA that the impugned order is of October 2020.
There was an application for bail on medical ground which was rejected, and present appeal is against that order.

#ElgarParishadcase #StanSwamy

Court: this appeal was filed when?

ASG: In April. On May 4, they moved the Court and the delay was condoned.
The jail authorities were directed to submit the medical report.

#ElgarParishadcase #StanSwamy

Court is informed that the medical report is submitted on May 10, 2021.

Sr Adv Desai submits that the report is not given to him.

#ElgarParishadcase #StanSwamy

Court: Have we passed anything against you? Can you not have patience till we read the report?

#ElgarParishadcase #StanSwamy

Court (after perusing report): Give a copy to Mr Desai.
From the petition please point out where have you mentioned about the Parkinson’s disease, and the other medical conditions.

Desai points out from the petition.

#ElgarParishadcase #StanSwamy

Desai: I have also filed a note on his present situation. Because there was a deterioration in the last few days.
Yesterday we was taken to JJ hospital. I don’t know if milords have that report.

APP Yagnik for state submits that he was given vaccination.

#StanSwamy

Desai: Vaccination is being given in jail. Nobody is taken out for that. He was prescribed some drugs yesterday.

APP: Maybe there is some miscommunication. He was taken for vaccination.

Court: Can the JJ doctors check him?

APP: Yes we will do that.

#StanSwamy

Court records the medical ailments in their order.

Order: Taloja Central Prison has submitted a report to this court stating that the general condition of the appellant is hemodynamically stable.

Court: Why cannot you say he is stable? what does this mean?

#StanSwamy

APP: That is a medical term.

Court: He has been given all facilities, and is examined by psychiatrist at regular intervals. There is nothing mentioned about his complaints in the reports.

#StanSwamy

ASG: The report says at the end that he has never complained of any medical issues.

Court: The report states that he has not complained about anything and expresses satisfaction by the facilities given by the prison.
Produce him through VC at 4 pm today, if Taloja has facility.

Order: Adv for the appellant disputes the correctness of the report submitted by Taloja Central Prison. We direct them to take him to JJ hospital tomorrow. The dean shall form a committee of doctors including neurophysician, ENT, orthopaedic, general physician and another doc

Order: And submit the report to this court on May 21 at 11 am.

In the event of the Taloja Central Prison having VC facility, they shall arrange a meeting of the appellant with the court.
They shall produce the appellant through VC on May 21 at 11 am.

#StanSwamy