Stan Swamy's health critical, won't move Bombay HC for urgent hearing on his medical bail plea: Lawyer

The health condition of tribal rights activist Stan Swamy an accused in the Elgar ParishadMaoist links case continues to be critical his lawyer Mihir Desai said Till late Sunday night July 4 the 84yearold Jesuit priest was on ventilator support the senior counsel told PTISwamy has been undergoing treatment at the Holy Family Hospital following a court order on May 28 The cost of his treatment at the private hospital is being borne by his associates and friends On July 3 advocate Desai told a bench of Justices SS Shinde and NJ Jamadar that Swamys health was critical and that he was still in the hospitals intensive care unit ICU The bench had then adjourned the hearing on Swamys medical bail plea to July 6 and extended his stay at the hospital till thenLast week Swamy also filed a fresh plea in the HC challenging section 43D5 of the Unlawful Activities Prevention Act UAPA that imposes stringent bars on the grant of bail to an accused charged under the Act Desai said he will not be moving the HC for any urgent hearing on either the bail plea or the fresh plea challenging provisions of the UAPAI dont have any morning updates on his Swamys health But till late last night he was on ventilator support Desai said So the priority now is his medical treatment Even if he is acquitted by the court tomorrow what can happen His health condition is such that he will continue being in the hospital he saidThe senior lawyer also said he didnt have any complaints against the high court and the private hospital The high court bench did all that was possible to secure the best medical treatment for him And at the hospital the best cardiologists and specialists are looking after him Our only complaint is against the Taloja prison superintendent and against the NIA the prosecuting agency in the case he saidThe National Human Rights Commission NHRC on Sunday issued a notice to the Maharashtra government in the wake of a complaint alleging the serious health condition of the imprisoned activist In the notice sent through the states chief secretary the NHRC called upon him to ensure every possible effort is made to provide proper medical care and treatment to Swamy as part of lifesaving measures and protection of his basic human rights The commission also called for a report in the light of the allegations made in the complaint and the treatment record of the activistSwamy and his coaccused in the Elgar case have repeatedly complained of inadequate health facilities at the Taloja prison in neighbouring Navi Mumbai where they were lodged as undertrials Through their pleas filed in the HC as well as oral and written statements made in the HC they have complained several times of neglect on part of the Taloja prison authorities in ensuring medical aid timely tests and maintaining hygiene and social distancingAlso ReadNHRC notice to Maharashtra govt over health condition of imprisoned Stan SwamyIn May this year Swamy told a vacation bench of the high court via videoconferencing that his health had consistently declined at the Taloja prison He had urged the HC to release him on interim bail at that time and said if things continued the way they were he would die soon Last week the wives of activists Anand Teltumbde and Vernon Gonsalves who are also accused in the Elgar ParishadMaoist links case moved the HC saying the Taloja prison superintendent had been withholding letters and communications to and from all the accused in the case following a magazine article published by Teltumbde in March this yearAdvocate Desai said the superintendent had reportedly been transferred out of the Taloja prison though the reasons for his shifting were yet to be made publicIn the ElgarParishad case Swamy and his coaccused have been charged by the National Investigation Agency NIA as being members of frontal organisations working on behalf of the banned CPI MaoistsIn June the NIA had filed an affidavit before the HC opposing Swamys bail plea It had said there did not exist a conclusive proof of his medical ailments It alleged that Swamy was a Maoist who had hatched a conspiracy to create unrest in the country The Elgar Parishad case is related to inflammatory speeches made at a conclave held in Pune on December 31 2017 which the police claimed triggered violence the next day near the KoregaonBhima war memorial located on the outskirts of the western Maharashtra cityThe police had claimed the conclave was organised by people with alleged Maoist links Swamy who claims to be suffering from several ailments including Parkinsons disease had moved the high court earlier this year through advocate Desai seeking medical treatment and interim bail on health groundsHe had tested positive for coronavirus at a private hospital last month and was subsequently shifted to the ICUThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of 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