Bhima Koregaon: Admit Stan Swamy to private hospital for 15 days, Bombay HC directs govt

In a special urgent hearing held on Friday, the Bombay High Court directed the Maharashtra government to transfer octogenarian Jusuit priest and Bhima Koregaon accused, Father Stan Swamy to a private hospital for a period of 15 days in view of his deteriorating health.

A Bench of Justices SS Shinde and NR Borkar held that even though JJ government hospital is equipped with doctors, medical staff and equipments, it may not be possible to give proper attention to Swamy due to the present COVID-19 pandemic and influx of patients.

The court, therefore, directed that Swamy be transferred to Holy Family hospital, preferably today itself, and he be admitted to the hospital for 15 days, Bar & Bench reported.

The court also stated that Swamy will bear all expenses of the treatment as was undertaken by his counsel during the course of the hearing.

The hospital administration was directed to provide one attendant for Swamy keeping in view his age.

The court also ordered the hospital administration to permit the presence of one police constable in the hospital for Swamy's protection and guard.

The direction was passed in an application for temporary bail on medical filed by Swamy challenging the two orders passed by the Special NIA Court rejecting his bail plea.

When the matter was heard last week, Swamy had specifically refused to get admitted to any hospital and requested for release on interim bail.

Senior Advocate Mihir Desai, representing Swamy, had asked the court to grant him some time to confer with Swamy before taking a decision on proceeding with the hearing on interim bail.

After personally speaking to Swamy and after Swamy agreed to get admitted to Holy Family Hospital, Mumbai, Desai moved the court for an urgent hearing.

Desai also prayed that a friend of Swamy's from Taloja prison be permitted to stay with him in the hospital as he had no family.

Additional Solicitor General Anil Singh appearing for National Investigation Agency argued that admitting Swamy to Holy Family may not be necessary as JJ hospital has all facilities available to look after the patients. An order from the Bench granting permission to admit an accused to a private hospital may undermine the government hospital and set a wrong precedent, he contended.

He also vehemently opposed the presence of any private person in the hospital as the hospital staff would be sufficient to look after him.

Additional Public Prosecutor Jayesh P Yagnik also opposed Desai's submission. He stated that the appellant was in any case receiving all the proper care and treatment as was recommended by a JJ hospital committee.

After considering the submissions of the counsel, perusing the previous orders and recommendation of the committee which had examined Swamy, the court came to the conclusion that Swamy can be admitted to a hospital of his choice.

The court also permitted Father Frazer Mascarenhas, a friend of Swamy's from Taloja prison, to visit him in hospital subject to hospital protocols.