The Bombay High Court has ordered to shift Delhi University Associate Professor Hany Babu, who is Covid -19 positive and suffers from black fungus infection, to Breach Candy hospital by tomorrow, reports Live Law.
Prof Hany, who is an under trial prisoner in Bhima Koregaon case was arrested 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.
The court added that expanses at the Breach Candy Hospital, including consultation, medicines will be borne by the family of the patient.
Opposing the demand of Hany Babu's family to shift to a private hospital, ASG Anil Singh who appeared for NIA said that he should be treated at JJ or Nair government hospitals, lest this becomes a precedent.
To this court replied : "There is no harm in this becoming a precedent in these times. We are not asking the state to bear the expenses,"
"They have also agreed to foot the bill." Justice Kathawalla added. It also permitted the family to have access to doctors and the patient.
The bench was hearing an urgent plea moved by Hany's family through lawyers Yug Chaudhry and Payoshi Roy seeking medical bail to treat the eye infection and Covid. He was then transferred to GT Hospital, where he is currently recuperating.
According to the family, Hany started experiencing pain and swelling in the left eye on May 3, 2021, which soon developed into double vision and severe pain. Despite several requests made by the family, he was finally admitted to JJ Hospital from Taloja Prison only on May 12, where he tested positive for Covid.
"Hany Babu has not been given proper treatment or even conducted mandated diagnostic test to detect the deadliest disease since he had developed eye infection on May 3 and later tested positive for COVID-19 on May 14. ICMR issued standard operating protocol on mucormycosis has also been blatantly ignored. Time is of the essence and even a single day's further delay in diagnosis and treatment may cost Dr.Babu's eyesight and even his life" Advocate Yug Choudary and Advocate Payushi Roy apprised the court.
During the hearing, the court insisted on speaking to Babu via video conferencing. When Babu was connected to the court via video conference, he told the bench he was satisfied with the treatment given at GT hospital, reports Live Law.The court, however, allowed the interim prayer after Chaudhry pointed out that the hospital did not have the necessary facilities.
"The patient cannot be expected to be transferred from one hospital to another for carrying out tests, as he has already been transferred. The doctors have informed that only after he is negative can he be taken to JJ hospital. The family of Hany Babu is willing to foot the bill of a private hospital. It is directed that he be transferred to Breach Candy hospital by tomorrow. The doctors at Breach Candy hospital, after examination of his symptoms, can give necessary treatment," the court ordered.
The matter will now be taken up on June 9.