#BombayHighCourt to hear #StanSwamy’s plea for temporary bail on medical grounds in the appeal challenging the orders passed by the Special NIA Court rejecting him bail.
Hearing before Justices SS Shinde and NJ Jamadar at 2 pm today.
#ElgarParishad
Hearing before Justices SS Shinde and NJ Jamadar at 2 pm today.
#ElgarParishad
Hearing begins.
Sr Adv Mihir Desai requests the court to hear Dr. D Souza from the Holy Family Hospital.
Court: We will hear this tomorrow. We just want his report.
#StanSwamy #BombayHighCourt
Sr Adv Mihir Desai requests the court to hear Dr. D Souza from the Holy Family Hospital.
Court: We will hear this tomorrow. We just want his report.
#StanSwamy #BombayHighCourt
Desai: I only have two things to say. We have no grievance against Holy Family Hospital. The High Court bench ensured that best medical care is given to him. Unfortunately I cannot say the same thing about the NIA and jail authorities.
#StanSwamy #BombayHighCourt
#StanSwamy #BombayHighCourt
Desai: I am seeking a judicial enquiry into this. This is very serious. He was taken to the hospital 10 days late.
ASG Anil Singh: I express my condolences, but then we tried..
Court: Mr Desai, this is not the time.
#StanSwamy #BombayHighCourt
ASG Anil Singh: I express my condolences, but then we tried..
Court: Mr Desai, this is not the time.
#StanSwamy #BombayHighCourt
Court: With all humility at our command, this is a shocking news. We passed that order, to take him to the hospital of his choice.
We have no words to express our condolences.
But since the doctor informed us here, so remaining matter on any other date we will hear.
We have no words to express our condolences.
But since the doctor informed us here, so remaining matter on any other date we will hear.
Desai: If the court needs that enquiry is necessary then post mortem needs to be conducted.
I am not sure that on its own the hospital will consider this.
#StanSwamy #BombayHighCourt
I am not sure that on its own the hospital will consider this.
#StanSwamy #BombayHighCourt
Court: Where are you suggesting that post mortem takes place?
Dr D’Souza: We do not conduct post mortem in our hospital.
Desai: He is suggesting that Cooper hospital can do it.
His arrest, his custody, all these things need to be investigated.
#StanSwamy #BombayHighCourt
Dr D’Souza: We do not conduct post mortem in our hospital.
Desai: He is suggesting that Cooper hospital can do it.
His arrest, his custody, all these things need to be investigated.
#StanSwamy #BombayHighCourt
Court: As a standard protocol, Dr D Souza do you want a post mortem has to be conducted?
D Souza: We know the cause of death. The post COVID affect on the lungs. Parkinsons disease. We know the cause of death.
#StanSwamy #BombayHighCourt
D Souza: We know the cause of death. The post COVID affect on the lungs. Parkinsons disease. We know the cause of death.
#StanSwamy #BombayHighCourt
Desai: I do not want to insist on post mortem if the doctor does not feel so.
However I will request that his body be handed over to Fr. Frazer who is his friend.
I am sure there will be no objection to this.
#StanSwamy #BombayHighCourt
However I will request that his body be handed over to Fr. Frazer who is his friend.
I am sure there will be no objection to this.
#StanSwamy #BombayHighCourt
Court: He is in custody by orders of NIA Court?
Desai: Yes.
Court: The NIA Court be moved for the procedure of body of undertrial prisoner.
#StanSwamy #BombayHighCourt
Desai: Yes.
Court: The NIA Court be moved for the procedure of body of undertrial prisoner.
#StanSwamy #BombayHighCourt
Desai: Normally, it is not a problem. But he does not have a family. It is difficult to define who is a relative. So my only concern is that.
#StanSwamy #BombayHighCourt
#StanSwamy #BombayHighCourt
Court (to Thakare and to ASG): Desai has made a request to handover the body to Fr Frazer. What is your response?
ASG & Thakare: Whatever milords say.
Court: What after the body is handed over?
#StanSwamy #BombayHighCourt
ASG & Thakare: Whatever milords say.
Court: What after the body is handed over?
#StanSwamy #BombayHighCourt
Desai: They want to hold a small funeral, in compliance with COVID protocols.
#StanSwamy #BombayHighCourt
#StanSwamy #BombayHighCourt
Court: We need to record that you informed the Court that Fr Stan Swamy passed away at 1.30 pm.
D Souza: I will give sequence of events.
#StanSwamy #BombayHighCourt
D Souza: I will give sequence of events.
#StanSwamy #BombayHighCourt
D Souza: He has been with us. On July 4 early morning, he had a cardiac arrest. Then he was put on ventilator. Subsequent to that he never regained consciousness. Subsequent to that at 1.24 pm today, he was declared dead.
#StanSwamy #BombayHighCourt
#StanSwamy #BombayHighCourt
Court dictates order:
Not on board. Taken on production board.
Mr. Desai, for petitioner, and Mr. ASG Singh for NIA. Dr. D Souza, Medical Director, Holy Family Hospital, Bandra.
We record with a heavy heart that Dr D Souza informed the court that Fr Stan Swamy passed away.
Not on board. Taken on production board.
Mr. Desai, for petitioner, and Mr. ASG Singh for NIA. Dr. D Souza, Medical Director, Holy Family Hospital, Bandra.
We record with a heavy heart that Dr D Souza informed the court that Fr Stan Swamy passed away.
ORder:
Dr D Souza informs that the petitioner had suffered cardiac arrest.
Mr. Desai submitted that the petitioner was awarded best of the treatment at Holy Family hospital.
#StanSwamy #BombayHighCourt
Dr D Souza informs that the petitioner had suffered cardiac arrest.
Mr. Desai submitted that the petitioner was awarded best of the treatment at Holy Family hospital.
#StanSwamy #BombayHighCourt
Order:
However Fr Swamy passed away. In the circumstances, Desai submitted that his body may be directed to be handed over to Fr Frazer, the retd principal of St Xaviers college. Who was allowed to meet the appellant in the said hospital by this court.
#StanSwamy #BombayHC
However Fr Swamy passed away. In the circumstances, Desai submitted that his body may be directed to be handed over to Fr Frazer, the retd principal of St Xaviers college. Who was allowed to meet the appellant in the said hospital by this court.
#StanSwamy #BombayHC
Order:
Desai submitted that the appellant was a priest and had no family. ASG and Public Prosecutor Deepak Thakare stated that they have no objection to give the body to Fr Frazer.
Thakare points out that the procedure by the jail authorities is requirement of post mortem.
Desai submitted that the appellant was a priest and had no family. ASG and Public Prosecutor Deepak Thakare stated that they have no objection to give the body to Fr Frazer.
Thakare points out that the procedure by the jail authorities is requirement of post mortem.
Desai: Whatever the order have to be passed, let your lordships pass an order. Going to the court and then what if time is over.
Court: We are passing an order of inquest panchnama and post mortem. We are saying forthwith.
#StanSwamy #BombayHighCourt
Court: We are passing an order of inquest panchnama and post mortem. We are saying forthwith.
#StanSwamy #BombayHighCourt
Order: As per his instructions from prison authorities, PP informs that inquest panchnama and post mortem examination is necessary before the body is handed over.
#StanSwamy #BombayHighCourt
#StanSwamy #BombayHighCourt
Order:
In view of the aforesaid submission and the fact that the appellant has been admitted in the hospital by an order of this court, we direct the state authority to conduct the inquest and post mortem examination and the other requisite formalities forthwith.
#BombayHC
In view of the aforesaid submission and the fact that the appellant has been admitted in the hospital by an order of this court, we direct the state authority to conduct the inquest and post mortem examination and the other requisite formalities forthwith.
#BombayHC
Desai: They can conduct post mortem, no objection. Because any death in custody has to be conducted, it has to be as per NHRC guidelines. All medical reports and PM report has to be deposited with this court.
#StanSwamy #BombayHighCourt
#StanSwamy #BombayHighCourt
Court (to Desai) Now since you are saying, that death is in custody. Sec 176 CrPC has to be considered. Technically you are right.
Routine enquiry needs to be conducted through the magistrate.
#StanSwamy #BombayHighCourt
Routine enquiry needs to be conducted through the magistrate.
#StanSwamy #BombayHighCourt
Desai: 176 is one thing. I would ask milords not to dispose off the petition..
Court: We are not disposing off the petition. We are only passing orders in place of the NIA Court, in view of the exigency.
#StanSwamy #BombayHighCourt
Court: We are not disposing off the petition. We are only passing orders in place of the NIA Court, in view of the exigency.
#StanSwamy #BombayHighCourt
Order: PP assured the Court that requisite steps would be taken during the course of the day.
Desai urges that in view of the unfortunate development, the appellant was admitted in the hospital as a direction of this court.
#StanSwamy #BombayHighCourt
Desai urges that in view of the unfortunate development, the appellant was admitted in the hospital as a direction of this court.
#StanSwamy #BombayHighCourt
Order: The procedure for handing over of the body of the deceased may not be relegated to the concerned court and prayed for appropriate direction of this court.
The authorities can be directed to handover the body of the appellant to Fr Frazer.
#StanSwamy #BombayHighCourt
The authorities can be directed to handover the body of the appellant to Fr Frazer.
#StanSwamy #BombayHighCourt
Order: After the steps of all governing rules and prison manual are completed. Therefore the State shall take all the necessary steps for conducting inquest and post mortem examination of the body of the deceased appellant during the course of the day.
#StanSwamy #BombayHC
#StanSwamy #BombayHC
Order:
Desai submits that the appeal may be posted for consideration as he intends to make certain submissions. We herby make it clear that all the necessary enquiries including under Section 176 CrPC which are required to be made, on account of death in custody shall be made.
Desai submits that the appeal may be posted for consideration as he intends to make certain submissions. We herby make it clear that all the necessary enquiries including under Section 176 CrPC which are required to be made, on account of death in custody shall be made.
Order:
It shall be made by the authority and court. This order may not be construed as an expression on the relevant issue on hand.
#StanSwamy #BombayHighCourt
It shall be made by the authority and court. This order may not be construed as an expression on the relevant issue on hand.
#StanSwamy #BombayHighCourt
ASG: Is Milords are ordering enquiry?
Court: We are saying under Section 176 CrPC, whatever enquiries are to be conducted and if the magistrate deems it necessary...
ASG: Yes that milord may clarify, whatever is necessary..
#StanSwamy #BombayHighCourt
Court: We are saying under Section 176 CrPC, whatever enquiries are to be conducted and if the magistrate deems it necessary...
ASG: Yes that milord may clarify, whatever is necessary..
#StanSwamy #BombayHighCourt
Court: It is a mandate of the procedure.
(To Desai) Should we say funeral to be conducted as per the protocol?
Desai: Aș per COVID protocol yes. But he was not suffering from COVID.
#StanSwamy #BombayHighCourt
(To Desai) Should we say funeral to be conducted as per the protocol?
Desai: Aș per COVID protocol yes. But he was not suffering from COVID.
#StanSwamy #BombayHighCourt
Order: We are informed by Dr D Souza that Swamy was cured of COVID and his tests had come negative.
Desai assures us that the funeral will be conducted in Mumbai, and in conformity with the COVID SOP.
#StanSwamy #BombayHighCourt
Desai assures us that the funeral will be conducted in Mumbai, and in conformity with the COVID SOP.
#StanSwamy #BombayHighCourt
Desai: May I suggest, that whenever the matter is next listed, ask them to keep all medical records handy just so that the Court can look at it.
#StanSwamy #BombayHighCourt
#StanSwamy #BombayHighCourt
Court concedes and directs that medical reports be produced the next date.
Court: We are sorry to know that despite your best efforts, FR Swamy is not with us.
(To Desai) At the cost of repetition, our deepest condolences and may his soul rest in peace. We all share this.
Court: We are sorry to know that despite your best efforts, FR Swamy is not with us.
(To Desai) At the cost of repetition, our deepest condolences and may his soul rest in peace. We all share this.
Court: WE appreciate your efforts, you prevailed over him. He could go to the hospital, he got the best medical treatment. Unfortunately, he could not survive.
#StanSwamy #BombayHighCourt
#StanSwamy #BombayHighCourt
Despite our best efforts, Father Stan Swamy could not be saved: Bombay High Court condoles activist's death
#StanSwamy #BombayHighCourt #NIA #BhimaKoregaon
@Neha_Jozie reports
Read full story: bit.ly/3ApIfRj
#StanSwamy #BombayHighCourt #NIA #BhimaKoregaon
@Neha_Jozie reports
Read full story: bit.ly/3ApIfRj
• • •
Missing some Tweet in this thread? You can try to
force a refresh
