Ensure Every Possible Medical Treatment To Imprisoned FR. Stan Swamy To 'Protect' His Human Rights: NHRC To Maharashtra Chief Secretary

In a significant move, the National Human Rights Commission, NHRC, India has asked Maharashtra's Chief Secretary to ensure that every possible medical treatment is provided to the imprisoned FR. Stan Swamy (currently lodged in Taloja Jail, Navi Mumbai) "as part of life-saving measure and protection of his basic human rights."NHRC has issued the notice in view of the complaints alleging the serious health condition of imprisoned FR. Stan Swamy (84yrars).Observing that "he is very old and lodged in Taloja Jail, Navi Mumbai", the Commission has also called for a report from the Chief Secretary, in the light of the allegations made in the complaint and the treatment record of FR Swamy.NHRC (@India_NHRC) asks Maharashtra's Chief Secretary to ensure that every possible medical treatment is given to the imprisoned FR. Stan Swamy "as part of life-saving measure and protection of his basic human rights."#StanSwamy#Maharashtra#HumanRights pic.twitter.com/lqwPlwnLfR— Live Law (@LiveLawIndia) July 4, 2021It may be noted that this direction has come in continuation with Commission's earlier order wherein it had advised the State Govt. of Maharashtra to provide adequate medical care and treatment to Stan Swamy, who is hospitalized in Holy Family Hospitals submit a report within four weeks.As reported by The Telegraph, the National Human Rights Commission (NHRC) recently sought an action taken report from the superintendent of prisons in connection with the alleged denial of medical facilities to octogenarian Jesuit priest and tribal rights activist Father Stan Swamy at the Taloja Central Jail in Navi Mumbai.The NHRC has also informed that earlier, the Commission had received a complaint on 16th May, 2021 that FR. Stan Swamy (aged 84 years), lodged in Taloja Central Jail, Navi Mumbai was being denied medical facility during the COVID-19 period.In the complaint received by the Commisison, it was alleged that Father Stan Swamy had not been vaccinated yet and that there was no proper medical care in the jail hospital. The Petitioner had further alleged that the Majority of jail staff had tested Covid positive especially most of the kitchen staff and the number of under-trial prisoners had also contracted the coronavirus and no RT-PCR tests were conducted there.BackgroundOctogenarian Stan Swamy, a tribal rights activist, from Ranchi and accused in the 2018 Bhima Koregaon – Elgaar Parishad case, has recently moved the Bombay High Court challenging the Section 43-D (5) of the Unlawful Activities Prevention Act, which imposes strict conditions for grant of bail, for being violative of Articles 14,19 and 21 of the Constitution.Petitioner Swamy has also sought to be enlarged on bail on furnishing bail bond and surety, while challenging the Special Court's order dated 22nd March 2021 that rejected his bail application.As alternative relief, Swamy has sought directions to the Respondents to keep him under house arrest at his residence in Jharkhand during pendency of the trial.The Special NIA Court Mumbai had in March 2021 refused to grant bail to 83-year-old Father Stan Swamy, a tribal rights activist, from Ranchi, in Jharkhand, accused in the 2018 Bhima Koregaon – Elgaar Parishad case. Special Judge under the NIA Act DE Kothlikar passed the order dismissing the bail application, which had also cited medical grounds on account of Parkinsons disease of Stan Swamy.The Jesuit priest was arrested on October 8, 2020 and charged under various sections of the IPC and terror-related offences of Unlawful Activities (Prevention) Act for allegedly furthering the cause of banned CPI (Maoist) through various civil rights organisations he is a part of. His application for bail was pending since November, 2020.Father Stan had filed for bail on grounds that he is being framed in the case by the National Investigating Agency (NIA) due to the nature of his work and that he is suffering from serious ailments.

Ensure Every Possible Medical Treatment To Imprisoned FR. Stan Swamy To 'Protect' His Human Rights: NHRC To Maharashtra Chief Secretary

Sparsh Upadhyay

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