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Bombay HC Orders Transfer Of Stan Swamy To Hospital [read order] / Poem by Stan

Bombay HC Orders Transfer Of Stan Swamy To Hospital [read order] / Poem by Stan

He Needs Treatment: Bombay High Court Orders Transfer Of Stan Swamy To Private Hospital From Prison [read order]

28/05/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday directed the Maharashtra government to transfer ailing Father Stan Swamy, an 84-year-old tribal rights activist – to the Holy Family Hospital from Taloja Central Jail for treatment. He is accused in the Bhima Koregaon – Elgaar Parishad case.
In an urgent hearing, a bench of justices SS Shinde and NR Borkar allowed Swamy hospitalisation and an attendant after Senior Advocate Mihir Desai submitted the Jesuit priest’s condition was not improving.
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Bombay HC sends Ft Stan Swamy to Holy Family hospital for medical treatment; brushes aside NIA’s objection

28/05/2021

The Leaflet / by Gahena Gambani

The Bombay High Court on Friday directed the Maharashtra government to transfer Father Stan Swamy, 84, accused in the Bhima Koregaon caste violence case, to Holy Family Hospital from Taloja Central Jail.
A vacation bench comprising Justices SS Shinde and NR Borkar heard the matter on an urgent basis and ordered the transfer.
Read more

By Jharkhand Janadhikar Mahasabha

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

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

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

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

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

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

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

Bombay HC Says Committee of Doctors Required to Examine Stan Swamy / Sets up video call with Swamy on May 21

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]

Father Stan Swamy finally gets first Covid shot, health continues to deteriorate in jail [read medical note]

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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Supreme Court Dismisses Gautam Navlakha’s Plea For Default Bail [read order]

Supreme Court Dismisses Gautam Navlakha’s Plea For Default Bail [read order]

Navlakha Loses Bail Plea, But SC Approves House Arrest As Alternative to Jail

13/05/2021

The Wire / by V. Venkatesan

Though the activist’s right to default bail on the basis of his 34-days house arrest in 2018 was turned down by the top court, the judges found merit in treating house arrests as an alternative form of detention.
Well-known human rights activist Gautam Navlakha lost his legal battle for default bail in the Supreme Court on Wednesday. But his case has ironically persuaded the top court to make a huge advance on human rights so that other activists like him are not similarly disadvantaged in future.
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No default bail for Gautam Navlakha, rules SC [read order]

13/05/2021

The Leaflet / by The Leaflet

The Supreme Court Wednesday refused default bail to Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case, on the grounds that the 35 days he spent under house arrest in 2018 did not constitute custody in order to compute the 90 day period within which a charge-sheet must be filed under criminal law, to entitle him to to the same. Navlakha is facing charges under the anti-terrorism UAPA.
Read more / read order

Supreme Court Dismisses Gautam Navlakha’s Plea For Default Bail [read order]

12/05/2021

Live Law / by Live Law News Network

The Supreme Court on Wednesday dismissed a petition filed by jailed activist Gautam Navlakha seeking default bail in the Bhima Koregaon case.
Navlkaha wanted to include the 34-day period of his unlawful custody in 2018 while computing the period for filing chargesheet under the Unlawful Activities Prevention Act.
A bench comprising Justices UU Lalit and KM Joseph dismissed Navlakha’s petition, affirming the Bombay High Court judgment. The bench had reserved judgment on March 26.
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Bombay HC issues notice to NIA on bail plea by Octogenarian Stan Swamy

Bombay HC issues notice to NIA on bail plea by Octogenarian Stan Swamy

Bombay HC issues notice to NIA on bail plea by Octogenarian Stan Swamy in Elgar Parishad case

04/05/2021

The Leaflet / by Byhamza Lakdawala

The Bombay High Court Tuesday issued notice to the National Investigation Agency (NIA) on a plea filed by octogenarian Father Stan Swamy, seeking bail on medical grounds.
A bench of Justices SS Shinde and Manish Pitale also directed the Taloja jail authorities to file a report indicating Stan Swamy’s health status.
The bench listed the matter in the week commencing from May 15.
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Bombay HC Issues Notice To NIA Over Activist Stan Swamy’s Bail Plea

04/05/2021

Outlook / by Outlook Web Bureau

Stan Swamy (84) was arrested in October 2020 in connection with the Elgar-Parishad Maoist links case.
The Bombay High Court Tuesday issued a notice to the National Investigation Agency (NIA) directing it to file a reply to tribal rights activist Stan Swamy’s medical bail plea.
Swamy (84) was arrested in October 2020 in connection with the Elgar-Parishad Maoist links case. He has been charged under the Unlawful Activities (Prevention) Act (UAPA) and various other sections of the Indian Penal Code (IPC).
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By Live Law (May 4):
+++ The Bombay High Court will hear 84-yr-old tribal rights activist Father Stan Swamy’s appeal for emergency bail +++
+++ Matter begins.
J Shinde- What is the position of the proceedings before the sessions court?
Sr Adv Mihir Desai – Even the charges have not been framed +++
Desai – He is got advanced Parkinsons and has a hearing problem. With covid spreading in prisons, its become very difficult for him. APP Yagnik for the State says he needs time to file a reply +++
+++ J Shinde says they will keep the medical bail application during the vacation and regular bail application can be heard later +++
+++ Court issues notice on Fr Stan Swamy’s bail plea on merits +++
Court begins dictating the order. Court – Adv Desai submits that limitation in filing the appeal for emergency bail won’t apply in view of the SC’s orders +++
+++ Court – The fact that the appellant is in jail and did not gain an advantage by delaying the appeal. Delay condoned +++
+++ Court – Mr. Yagnik assures the court that Father Stan’s medical reports will be submitted by May 15, 2021. Father Stan Swamy’s lawyers are at liberty to mention his emergency bail application after May 17, 2021 +++
+++ Court allows an amendment for the State to be added as a party in both the bail appeals. hearing ends +++

Father Stan Swamy Moves Bombay High Court For Bail

27/04/2021

Live Law / by Sharmeen Hakim

Father Stan Swamy, tribal rights activist and an accused in the Elgaar Parishad – Bhima Koregaon Case has approached the Bombay High Court challenging rejection of his bail pleas by the Special Court under the National Investigating Agency Act.
The 84-year-old Jesuit priest has filed an appeal against two orders of the NIA court, the first rejecting his emergency bail application on health grounds in October, last year, and the second order from March 21, 2021, rejecting his bail plea on merits.
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Bhima Koregaon accused Stan Swamy files appeal before Bombay HC challenging Special NIA Court order refusing bail

27/04/2021

Bar & Bench / by Neha Joshi

Swamy was arrested from his house in Ranchi on October 8, 2020 for his alleged role in inciting riots at Bhima Koregaon in 2018. He was later remanded to judicial custody and lodged in Taloja jail.
His bail plea on the ground of medical emergency arising due to COVID-19 pandemic was rejected in October by the Special Court dealing with cases investigated by the National Investigation Agency (NIA).
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Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

Bombay HC seeks NIA, MHA and Maharashtra’s response to Rona Wilson, Shoma Sen’s challenge to their UAPA prosecution

04/05/2021

The Leaflet / by The Leaflet

The Bombay High Court Tuesday asked the National Investigation Agency (NIA), Ministry of Home Affairs (MHA) and the state of Maharashtra to file their respective responses to the petitions filed by Rona Wilson and Professor Shoma Sen, accused in the Bhima Koregaon case, challenging the decision of the Maharashtra Government granting sanction to prosecute them under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act.
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Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

04/05/2021

News 18 / by pti

A bench of Justices S S Shinde and Manish Pitale also directed the NIA, which is conducting a probe into the case, to file its reply to Sen’s petition.
The Bombay High Court on Tuesday directed the Maharashtra government to file its replies to petitions filed by activists Rona Wilson and Shoma Sen, seeking quashing of charges against them in the Elgar Parishad-Maoist links case. A bench of Justices S S Shinde and Manish Pitale also directed the NIA, which is conducting a probe into the case, to file its reply to Sen’s petition.
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Prof Shoma Sen claims evidence forged, planted on digital devices; moves Bombay HC challenging UAPA charges

15/04/2021

Bar & Bench / by Neha Joshi

Sen was arrested for her involvement in connection to the violence in Bhima Koregaon case and has been in judicial detention since then without bail.
Bhima Koregaon accused Shoma Sen has filed a petition before the Bombay High Court challenging the charges slapped against her by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA).
Sen, in her plea, contended that the prosecution’s case against her is built on evidence which was planted on digital devices belonging to a co-accused Rona Wilson.
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Prof Shoma Sen challenges prosecution under UAPA; says evidence against her is unfounded, forged and planted on co-accused’s digital devices

14/04/2021

The Leaflet / by The Leaflet

An accused in the Bhima Koregaon case, Professor Shoma Sen, has petitioned the Bombay High Court challenging her prosecution under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act.
Sen, a former Head of Department of English at Nagpur University, alleged that that the case against her had been built entirely on unfounded, forged, hearsay evidence that was planted on digital devices belonging to a co-accused-Rhona Willson, which (devices) were “illegally” seized by the police in complete violation of all safeguards and procedures mandated under applicable law.
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Also read: Bhima Koregaon Accused Rona Wilson Moves Bombay High Court Seeking SIT Probe Into The Report That ‘Incriminating Materials Were Planted On His Laptop’ (Live Law, Feb 2021)

Release Sudha Bharadwaj! / Health of Trade Unionist Sudha Bharadwaj deteriorates in Jail

Release Sudha Bharadwaj! / Health of Trade Unionist Sudha Bharadwaj deteriorates in Jail

Update by Bar & Bench (May 13):
#BombayHighCourt directs State to file medical report of #elgarparishadcase accused Sudha Bharadwaj in her application for interim bail on medical grounds +++
The medical report will be filed by the State on May 17, the application will be heard on May 21. Bench of Justices KK Tated and Abhay Ahuja heard the plea today +++
Update by ayesha arvind (May 13)
Daughter of #SudhaBharadwaj has approached #BombayHC seeking interim medical bail for the activist. HC calls for her medical report on May 17. Bharadwaj will be taken to JJ hospital today. #NIA says there’s no urgency in the matter. Next date of hearing- May 21 +++
Her counsel says #SudhaBharadwaj is in a ward with 50 other women, incarcerated in extremely unsanitary conditions. No possibility of social distancing. Says state must file reply soon. HC- state working on only 15% strength. Will have to give them at least 4 weeks to file reply +++

Video: Release Sudha Bharadwaj!

01/05/2021


hindi | 3:07min | 2021

By ground xero

Kaladas, a cultural activist and a long term associate of Sudha Bharadwaj discusses her current medical condition and the political reasons for her arrest. He appeals to all comrades to support her immediate bail and medical treatment.
Demand immediate of Sudha Bharadwaj. Demand immediate release of all political prisoners.
Watch video

Click to enlarge
Bhilai (Chhattisgarh, May 1, 2021)

Health of Trade Unionist Sudha Bharadwaj deteriorates in Jail

02/05/2021

tnlabour.in / by tnlabour.in

Workers demand her immediate release and proper medical treatment
Trade Union leader and Advocate Sudha Bharadwaj’s health condition has deteriorated in Byculla Jail in Maharashtra. She has been complaining of body aches and diarrhoea in the past week. Her union members and family sent messages today saying she is having difficulty breathing. Even though these are typical symptoms of COVID and the jail has over 40 COVID positive patients, she is not being treated as per covid protocol. The Jail authorities claim that her RT-PCR for covid is negative.
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Health of Trade Unionist Sudha Bharadwaj Deteriorates in Jail: Workers Demand Release

01/05/2021

Ground Xero / by Ground Xero

Workers demand her immediate release and proper medical treatment
Trade Union leader and Advocate Sudha Bharadwaj’s health condition has deteriorated in Byculla Jail in Maharashtra. She has been complaining of body aches and diarrhoea in the past week. Her union members and family sent messages today saying she is having difficulty breathing. Even though these are typical symptoms of COVID and the jail has over 40 COVID positive patients, she is not being treated as per covid protocol. The Jail authorities claim that her RT-PCR for COVID is negative.
Read more