Ravish Kumar on BK 16
https://youtube.com/embed/QJL9aPmDZWw?start=396&end=1086
Court Proceedings: as tweeted by Bar and Bench live: https://twitter.com/barandbench/status/1395627704431513605
Bar & Bench @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.
On Wednesday Taloja Central Prison authorities were directed to produce Swamy for the hearing in Court through video conference. https://www.barandbench.com/news/litigation/bhima-koregaon-stan-swamy-produced-vc-taloja-jail-bombay-high-court
Bombay High Court directs Taloja Jail authorities to produce Father Stan Swamy before it via video...
Sr Adv Mihir Desai will appear for Swamy. ASG Anil Singh will appear for #NIA
Fr Stan Swamy can be seen in the VC hearing.
Court is reading the medical report.
Court asks if Desai is given a copy.
Desai denies.
Court reads out the medical report for him and states that there are some medicines given to him.
Court speaks to Stan Swamy through VC.
Court: Mr. Swamy can you hear us?
Swamy answers with a feeble hello.
Court: You were examined by the doctors?
Swamy: I am in Taloja jail.
Court: Were you examined by doctors from JJ Hospital?
Swamy: Yes, yesterday I was examined in several places. What I want to say is how I am.
Swamy: I was brought here 8 months ago. When I came here, full system, my body was very functional. But during this 8 months, there has been a steady but slow regression of my bodily functions. So the main issue is.. (takes a pause)
Swamy: 8 months go I could take bath by myself, some writing by myself. But these are disappearing one after another.
So (takes a pause) Taloja jail, brought me to a situation where I can neither write or I can go for a walk by myself. Or eating.
Swamy: I am not able to meet this demand. Eating is also in a difficulty. Someone has to feed me with a spoon. I am asking you to consider, why and how this regression of myself. Like yesterday I was taken to JJ hospital and so there was lot of people but I had no opportunity
Swamy: .. to explain what I should be given. There are some medicines which the jail authorities have given me, but this, my deterioration is so powerful than the tablets they are giving me. So I have come to you. Before I used to put my earphones, any conversation I was able
Court (to Desai): He is not wanting to go to any hospital.
Desai: Can he be admitted to some private hospital for 10-12 days?
Court: But he is saying no to any hospitalisation.
Swamy can be heard saying - I would ask for interim bail.
Court: Whom is he talking to?
Desai: Two things. The situation in Taloja prison jail. He is in prison hospital. The problem is they have nothing. They have no MBBS doctors.
Desai: this has been argued before other benches too.
Court: So this is not the problem with JJ hospital. But he is saying no.
Desai: I do not have a problem with that. But if it meets your lords, can I speak to him and see.
Court permits Desai to speak to Swamy in their presence.
Court: We find the general ailments are due to old age, which will be treated in JJ while he is admitted.
While the court is trying to connect to Taloja, Court dictates order.
Order records all ailments considered by the committee of doctors appointed.
Order: We have spoken to Swamy and we have observed that he has a severe hearing problem. He is able to hear only if a person is able to sit next to him conveyed to him our question.
Swamy is connected to the VC.
Desai tries to speak to him.
Swamy: Mihirji, the only thing I request is to consider for interim bail. That is the only request.
Desai: Fr Stan, I am only saying is, question of bail will be decided later. Right now, only to take care of immediate health, just get admitted to hospital, JJ or other hospital. Someone close to you, can visit you there. Your health can first improve and then the interim bail can be decided.
Swamy: I have been to JJ hospital twice. I have been in deteriorating condition. I would rather be in Ranchi.
Desai: Right now it may not be possible to send you to Ranchi. If you are admitted to Holy Family Hospital for some time, will you be fine?
Swamy: I do not think any of that is going to help. This is not going to make any difference. My condition is deteriorating. Whatever happens to me I want to b..
Court records that he does not want to be treated at any hospital. He insists he should get interim bail.
Order: in view of above standoff, Desai states that matter be kept after a few days, while he has a talk with Fr Swamy.
Order: We are placing matter on June 7
Taloja jail to strictly follow the recommendations and treatment advised and facilities to be provided set out in the report of the committee in May 20, 2021.
Desai: since he is a priest, he has this approach that forgive them and let me suffer. So please grant me liberty to move.
Court: He suffers from age related problem. You do not need liberty for that. He was also pressing for interim bail.
Court: He is an intelligent man, he was also pressing for interim bail because he knows he is suffering from age related problems.
Desai: Let me try and convince him.
Court: You try and convince him if you can. You do not need liberty to move the Court.
Hearing ends.
