The Bombay High Court bench of Justices Shahrukh Kathawalla and Surendra Tawade on Wednesday ordered the dean of state-run JJ hospital to constitute a panel of experts and examine Jesuit priest Stan Swamy and submit a detailed report spelling out his medical condition on Friday.
This order comes after the bench noted that the report submitted by the Maharashtra government did not detail the health issues, Swamy, one of the oldest person to be booked under the anti-terror law, suffers.
The report was submitted in pursuance to an earlier order passed by the HC seeking to know the medical status of Swamy.
On Wednesday the bench was also informed that Swamy was taken to JJ hospital on Tuesday evening for his Covid vaccination's first dose.
"The medical report has submitted by the state authorities state that the general condition of the appellant (Swamy) is Hemodynamically stable, which means blood flow is good and is provided high protein diet daily, hot water for bathing, provided two attendants, mattress bed sheet and pillow. Wheelchair, walking stick."
"However, nothing is mentioned about his complaints, more particularly various complaints of abdomen pain and pain from Lumber spondylitis. Instead the report states that he has not complained about anything and expresses satisfaction at the facilities given in the prison," the judges noted in their orders.
This was in response to the contentions of senior counsel Mihir Desai, who highlighted that his client Swamy has hearing loss, underwent two hernia operations, has pain because of lumber spondylitis wear and tear of the lumber disc.
The judges in their order noted that Swamy has sought medical bail on the ground that he is an 84-year-old and is suffering from Parkinson’s disease, hearing loss in both ears and other ailments.
The bench also considered the doubts raised by Desai to the correctness of the medical report submitted by Taloja jail.
"Thus, we direct Taloja central prison, Navi Mumbai to arrange to take Swamy to JJ Hosptial at 12 noon, on Thursday," the judges ordered.
The dean has been further ordered to form a committee of doctors including neuro physician, Ear-Nose-Throat (ENT) specialist, Orthopaed, General physician and any other doctors required to examine his health issues.
"The panel to submit its report on May 21 at 11 am. In the event of Taloja prison is having video conferencing facility, they shall arrange a meeting of Swamy with the court on May 21 at 10.30 am," the bench ordered.
