Rani – Page 9 – free them all

Judiciary comes to the aid of Bhima Koregaon accused

29/05/2021 Rani

Deccan Herald / by Jyoti Punwani

Amid the spread of Covid in jails, it took a HC order to direct jail authorities to give all prisoners their hospital reports.
Imagine being taken to hospital and not being given your medical report by those who took you there. We are talking about adults, all of whom are currently in the custody of the State. Their lives are thus the responsibility of the State.
Without their medical reports, how can prisoners know whether they are being given the treatment recommended by the hospital? The 16 intellectuals accused in the Bhima Koregaon case, lodged in two Mumbai jails, have been forced to live in this state of helpless ignorance ever since the pandemic began.
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Also read:< a href="https://www.rediff.com/news/column/jyoti-punwani-should-the-bhima-koregaon-16-be-left-to-die/20210517.htm" rel="noopener noreferrer" target="_blank">Should the Bhima Koregaon 16 be left to die? (Rediff.com, May 17)

Bandra’s St. Peter’s Church puts up signboard in support of 84-year-old Father Stan Swamy

28/05/2021 Rani

Outside St Peter’s Church in Bandra. Photo: Keenan Burroughs

Mid-day-com / by Nascimento Pinto

St. Peter’s Church in Bandra put out a message recently in support of Elgar Parishad-accused Father Stan Swamy on its board facing Hill Road. The message on the board, which was spotted and shared online by several locals reads, “We pray for Jesuit Fr Stan Swamy in jail for two thirty three days and counting”. The 84-year-old Jesuit priest is soon going to be shifted to Holy Family Hospital, which is near the church, for 15 days, according to an order by the Bombay High Court on Friday.
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Statement of ABA President Patricia Lee Refo Re: Detention of minority-rights advocates in India

28/05/2021 Rani

By American Bar Association

WASHINGTON, May 28, 2021 — The American Bar Association is deeply concerned about the continued pretrial detention of minority-rights advocates in the Bhima Koregaon case in India. As many of the accused are over the age of 65 and have serious medical conditions, these activists are at high risk for contracting COVID-19 as India deals with a substantial surge in cases.
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Also read: Should the Bhima Koregaon 16 be left to die? (By Jyoti Punwani, May 17)

Crushing Dissent During India’s Lockdown

26/05/2021 Rani

Towards Freedom / by Rishabh Jain

“The very thought of him having to plead to jail authorities regarding a basic service like clean water to wash his swelled eye still gives me anxiety attacks,” says Jenny Rowena, wife of Hany Babu.
Babu, a 55-year-old Delhi University professor, is among many political prisoners who have been detained after having been charged under a draconian Indian law, the Unlawful Activities Prevention Act (UAPA).
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Also read/watch: Repeal UAPA – Persecution by Prosecution. Three Day consultation by PUCL in January 2021

The pandemic has put the spotlight on inhumane conditions in Indian prisons

26/05/2021 Rani

Drawing by Arun Ferreira

The Indian Express / by Teesta Setalvad

They are overcrowded, unhygienic and have little oversight. There’s a need to expand use of house arrest as punitive measure.
The prison, it is famously said, holds a mirror to society. The conditions within prisons, to stretch this analogy, reflect the quality of any democracy. By that yardstick, India needs soul-searching. Not only has our collapsing criminal justice system ensured a mockery of reasonably speedy trials but tardy and often skewed (if not biased) investigations and prosecutions have ensured that undertrials languish in jails for decades. Courts rarely step in to ensure a thorough investigation and robust prosecutions, or a time-bound conclusion to trials.
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► Also read/ watch: Bhima Koregaon, COVID-19 And Custodial Apathy In Jails / Video + Press Release (May 15)
► Also read: Crowded Jails & COVID: 16 Bhima Koregaon Accused’s Kin Share Fears (The Quint, May 18)

Bombay High Court disposes of plea seeking medical bail for Sudha Bharadwaj

21/05/2021 Rani

All prisoners have right to get their medical reports, rules Bombay HC

21/05/2021

Free Press Journal / by Narsi Benwal

Sudha Bharadwaj says she got sufficient medical attention and thus doesn’t need bail on health grounds.
The vacation bench of the Bombay High Court led by Justice Shahrukh Kathawalla on Friday held that every prisoner has the right to their own medical records under Article 21 of the Constitution of India. The HC made the observation while disposing of the medical bail application filed by daughter of jailed activist Sudha Bharadwaj, who told the bench that she has received the requisite medical attention and now doesn’t need bail on health grounds.
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Disposing of the medical bail application filed by daughter of jailed activist Sudha Bharadwaj

21/05/2021

Updates by Live Law (May 21)

+++ Her daughter Maaysha Singh approached court after three of her co-prisoners tested positive for Covid-19 +++
+++ Adv Yug Chaudhri – This is a petition for medical bail. The petitioner was taken for numerous medical tests after the petition was filed +++
+++ Yug – Prisoners have a right to their medical records under Article 21. Medical records should be provided to them. This will cut down a lot of litigation +++
+++ Yug – He should be allowed to talk to his family members & lawyer after a hospital visit +++
+++ Court Order — Prisoners have a right to their own medical records under Article 21. In view thereof all medical records including tests conducted and medicines prescribed should be given to the prisoner on request +++
+++ Court – Infact we would go a step further and say that this should be done for every prisoner +++
+++ The bench further said that a prisoner should be allowed to make a phone call to an approved family member after a hospital visit +++
+++ Chaudhry said that since Bharadwaj has received the necessary medical attention after they approached the court, he is not pressing for medical bail +++
+++ Petition disposed of with the above observations +++

Sudha Bharadwaj’s 3 Co-Prisoners Tested COVID Positive: Daughter Moves Bombay HC Seeking Release On Medical Grounds

14/05/2021

Live Law / by Sharmeen Hakim

It is said that Sudha Bharadwaj is kept in a barrack with 50-60 prisoners, sharing only 3 bathrooms, with no possibility of social distancing and sanitary co-existence.
The Bombay High Court on Thursday sought lawyer-activist Sudha Bharadwaj’s latest medical report from the Maharashtra Government on a plea seeking her interim release on medical bail from Byculla women’s prison.
The petition filed by her daughter Maaysha Singh, invoking Article 226 of the Constitution, states that the sixty-year-old Bharadwaj, who has diabetes and a history of pulmonary tuberculosis, is very unwell.
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Bombay High Court calls for medical report of Bhima Koregaon accused Sudha Bharadwaj in plea seeking bail on medical grounds

13/05/2021

Bar & Bench / by Neha Joshi

The vacation bench directed the Maharashtra government to produce Bharadwaj’s latest medical report by Monday. Bharadwaj is presently lodged at the Byculla women’s prison.
The Bombay High Court on Thursday directed the Maharashtra government to submit by May 17, the latest medical report of Bhima Koregaon accused, advocate Sudha Bharadwaj in a plea seeking her release from prison on medical grounds (Maaysha Singh v. State of Maharashtra & Anr).
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HC asks Maharashtra to submit Bhima Koregaon accused Sudha Bharadwaj’s medical report

13/05/2021

The Print / by pti

According to her counsel, Sudha Bharadwaj was kept in a ward of the prison with 50 other women under extremely unsanitary conditions, and with just three toilets for all of them.
The Bombay High Court on Thursday directed the Maharashtra government to produce the latest medical report of lawyer-activist Sudha Bharadwaj, an accused in the Elgar-Parishad Maoists links case, who is is currently lodged at the Byculla women’s prison here.
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Can neither walk, write nor eat. Talojia jail has brought me to this situation: Fr Stan Swamy tells HC

21/05/2021 Rani

Can neither walk, write nor eat. Talojia jail has brought me to this situation: Fr Stan Swamy tells HC

21/05/2021

The Leaflet / by Gahena Gambani

The Bombay High Court Friday ordered the Taloja Jail authorities to follow the recommendations made by JJ hospital about the treatment and the facilities to be provided to octogenarian Father Stan Swamy, an accused in the Bhima Koregaon case.
A vacation bench comprising Justices SJ Kathawalla and Surendra passed the order while hearing a bail application by Stan Swamy on medical grounds.
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I Would Rather Suffer, Possibly Die Very Shortly If This Were To Go On: Stan Swamy Pleads For Interim Bail In Bombay HC

21/05/2021

Live Law / by Sharmeen Hakim

“Only one thing that I would request the judiciary is to consider for interim bail. That is the only request”, he said.
Father Stan Swamy, an 84-year-old tribal rights activist, who is an undertrial in in the Bhima Koregaon- Elgar Parishad case, pleaded with the Bombay High Court to grant him interim bail to go back to his home in Ranchi.
He told a division bench led by Justice SJ Kathawalla that his health has progressively deteriorated in the eight months he has spent a Taloja Prison. Adding that being in Taloja has brought him to a situation where he can neither eat, write, bathe or go for a walk by himself.
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Hany Babu can be moved to another Mumbai hospital for treatment, rules Bombay HC

19/05/2021 Rani

Hany Babu can be moved to another Mumbai hospital for treatment, rules Bombay HC

19/05/2021

Scroll.in / by Scroll Staff

The professor had sought better medical aid as the hospital where he was admitted was not treating his acute eye infection.
The Bombay High Court on Wednesday allowed Delhi University Professor Hany Babu to be moved to Mumbai’s Breach Candy hospital for treatment, reported Live Law. The professor is an undertrial prisoner in the Bhima Koregaon case.
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“Nothing Wrong If This Becomes A Precedent In Present Times”: Bombay High Court Directs DU Prof Hany Babu To Be Shifted To Breach Candy Hospital By Tomorrow

19/05/2021

Live Law / by Sharmeen Hakim

The Bombay High Court has directed Delhi University Associate Professor Hany Babu, who is covid -19 positive and suffers from black fungus infection, be shifted to Breach Candy hospital by tomorrow.
Babu was arrested in the Bhima Koregaon – Elgaar Parishad case on July 28 2020, by the National Investigation Agency.
A division bench of Justices SJ Kathawalla and SP Tavade observed that the patient deserves to be treated in a hospital of his choice in the current situation when NIA tried to oppose the plea saying it would become a precedent.
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Bombay HC Says Committee of Doctors Required to Examine Stan Swamy / Sets up video call with Swamy on May 21

19/05/2021 Rani

Bombay HC Says Committee of Doctors Required to Examine Stan Swamy

19/05/2021

The Wire / by Sukanya Shantha

Taloja jail, like most other prisons in the state, lacks proper medical facilities. Over 3,500 prisoners here are handled by three Ayurvedic doctors.
A day after Father Stan Swamy was taken to Taloja Central prison from JJ hospital, the Bombay high court has directed the prison authorities to make arrangements to send him back to the hospital. The division bench of Justices S.J. Kathawalla and Surendra Tavade have also directed the dean of JJ hospital to constitute a committee of doctors including a neuro-physician, ENT, orthopaedic, general physician and any other doctor who might be required to examine Swamy.
The report has to be submitted to the court on May 21, when it is scheduled to hear the case again.
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Bombay HC sets up video call with Father Stan Swamy on May 21

19/05/2021

Sabrangindia / by Sabrangindia

It has also directed JJ Hospital’s Dean to constitute a committee of experts to examine the 84-year old’s health.
During the bail hearing of Bhima Koregaon case accused, Father Stan Swamy, the Bombay High Court has ordered Taloja Central jail to set up a video call with him on May 21 at 10:30 A.M.
The court said, “Taloja having video conferencing facilities, they shall arrange a meeting of the appellant with the court on 21st May at 10.30 A.M.” Father Swamy was taken to JJ Hospital yesterday but was brought back to Taloja jail around midnight.
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Activist Stan Swamy taken back to jail after visiting hospital for tests

18/05/2021

Scroll.in / by Scroll Staff

Swamy’s colleague said he was taken to a hospital at 4.45 pm on Tuesday and brought back to jail before midnight.
Tribal rights activist Stan Swamy, who is in custody in connection with the 2018 Bhima Koregaon case, was not shifted to a hospital on Tuesday, his colleague told Scroll.in. The 83-year-old’s health had deteriorated and the Jesuits, the Catholic religious order to which he belongs, had appealed to the Maharashtra government seeking medical attention for the activist.
… “The case comes up for hearing today [Wednesday] and we are told the prosecution will submit his medical report.”
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Jailed activist Stan Swamy shifted to JJ Hospital due to poor health

18/05/2021

Scroll.in / by Scroll Staff

Swamy, 84, suffers from Parkinson’s disease, and his health had deteriorated further recently.
Tribal rights activist Stan Swamy, who is in custody in connection to the 2018 Bhima Koregaon case, was on Tuesday moved to JJ Hospital in Mumbai from Taloja Jail, where he was lodged, a relative of one of the other people arrested in the same matter told Scroll.in.
… Meanwhile, the Bombay High Court is likely to hear Swamy’s medical bail plea on Wednesday, PTI reported.
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Father Stan Swamy finally gets first Covid shot, health continues to deteriorate in jail [read medical note]

18/05/2021 Rani

Sabrangindia / by Sabrangindia

His medical note filed before the Bombay High Court on poor facilities states that Taloja houses 3,251 inmates instead of its capacity of 2,124, with only three Ayurvedic doctors on duty.
Adivasi rights activist and Jesuit Priest Father Stan Swamy has finally been given the first dose of the vaccine against Covid-19 today. This despite the fact that the 84 year old who has multiple comorbidity issues has been eligible to take the vaccine since March 1, 2021. He was reportedly denied the vaccine earlier as he did not have his Aadhaar Card!
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