Soni Sori vs. Chhattisgarh: Supreme Court Order – 2nd May 2012

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WP (Crl.) 206/2011
                                                                          1

ITEM NO.1                       COURT NO.2            SECTION X

               S U P R E M E       C O U R T   O F    I N D I A
                                RECORD OF PROCEEDINGS

                      CRL.M.P. NOS.1104, 4981 and 8976 OF 2012
                                          IN
                         WRIT PETITION (CRL.) NO.206 OF 2011

SONI SORI & ANR                                           Petitioner(s)

                       VERSUS

STATE OF CHHATISGARH                                      Respondent(s)

(With appln(s) for directions)

Date: 02/05/2012        This Petition was called on for hearing today.

CORAM :
                     HON'BLE MR. JUSTICE ALTAMAS KABIR
                     HON'BLE MR. JUSTICE J. CHELAMESWAR

For Petitioner(s)          Mr. Colin Gonsalves, Sr. Adv.
                           Ms. Amiy Shukla, Adv.
                           Ms. Jyoti Mendiratta, AOR

For Respondent(s)          Mr. Atul Jha, Adv.
                           Mr. Sandeep Jha, Adv.
                           Mr. Dharmendra Kumar Sinha, AOR

              UPON hearing counsel the Court made the following
                                  O R D E R

               This writ petition has been filed by one Ms. Soni
      Sori and another, complaining of brutality in custody and,
      inter alia, praying for a Special Investigating Team to be
      constituted for investigating the complaints made by her.
WP (Crl.) 206/2011
                                                                                                  2

      She has also prayed for transfer of the various matters
      pending against her to any competent court in Delhi.

                  On    20th    October,         2011,    while      
considering     the    writ
      petition         and     after   hearing          Mr.   Colin 
Gonsalves,        learned
      senior counsel appearing on behalf of the petitioners, and
      Mr. Atul Jha, learned counsel appearing for the respondent,
      we had taken note of Ms. Soni Sori's complaints regarding
      the injuries which she is supposed to have sustained. We had
      directed that the State of Chhattisgarh should arrange to
      take her to Calcutta for being admitted in the Nil Ratan
      Sarkar         Medical       College          and       Hospital,
Kolkata,        for
      examination by a panel of Doctors in regard to the injuries
      said to have been sustained by her, allegedly on account of
      a fall in the bathroom, and to submit a Report to this Court
      on 15th November, 2011.

                  From the Report, which was submitted by the Chairman
      of    the    Medical       Board      and     Medical       
Superintendent-cum-Vice
      Principal,         NRS     Medical         College      &     
Hospital,    Kolkata,       it
      appears that two foreign bodies were recovered from her
      vagina and one foreign body of the same size was recovered
      from her rectum.             The same were removed, labelled, sealed,
      and signed and, thereafter, sent to this Court along with
      the Report.            The existence of foreign bodies measuring 
2.5 X
      1.5    X    1.0     cm    and    2    X     1.5    X    1.5    cm, 
is    still     to   be
      satisfactorily explained by the investigating authorities,
      since it has been asserted by Ms. Soni Sori that the same
      were        inserted        by       the     police         during 
her     custodial
      interrogation.

                  The writ petition, which is ready for hearing, is yet
WP (Crl.) 206/2011
                                                                         3

      to be heard, but, in the meantime, three separate criminal
      miscellaneous        petitions        have    been      filed,   
being    Crl.M.P.
      Nos.1104, 4981 and 8976, all of 2012, praying for various
      directions.         In    the    first       of   the    three   
petitions,      the
      petitioners have prayed for a direction upon the respondents
      to   forthwith take         the petitioner           No.1 to     the 
Nil       Ratan
      Sarkar     Medical       College      and    Hospital,       Kolkata,
for    such
      period     of    time,    as    the    Medical       Board   
required for   her
      treatment.        In the second petition the same prayer has been
      repeated and an additional prayer has been added for an
      order to direct the State of Chhattisgarh to produce the
      original CT scan film for inspection at Delhi by the Doctors
      of the petitioners.             The prayers in the third petition are
      more or less the same as in the first and second petitions.

                We have considered the correspondence received by Mr.
      Colin Gonsalves from Ms. Sudha Bharadwaj, learned Advocate,
      who had gone to visit the petitioner No.1 in the Raipur
      Jail, pursuant to the leave granted by this Court, wherein
      various        complaints      have   been    made      regarding 
the   medical
      condition of the petitioner No.1 and the negligence in her
      treatment.        We have also considered certain letters written
      by the petitioner No.1 herself, as also the Report submitted
      by Mr. Atul Jha, regarding the medical treatment provided to
      the petitioner No.1 and her present medical status, we are
      of the view that a second opinion is required to be taken of
      the health condition of the petitioner No.1, Soni Sori, by
      another Medical Board, in addition to what has already been
      submitted by the parties.

                Accordingly, we direct the Director of the All India
      Institute of Medical Sciences (AIIMS), to constitute a Board
      of Doctors, which will include the Head of the Department of
WP (Crl.) 206/2011
                                                                        4

      Gynaecology, Endocrinology, and the Cardiac Department, to
      examine Ms. Soni Sori, as to her physical condition and,
      thereafter, to recommend the treatment to be undergone in
      AIIMS itself and to submit a complete report of all the
      steps taken in terms of this order to this Court on 10 th
      July, 2012, when the criminal miscellaneous petitions are to
      be listed.          For the said purpose, the State of Chhattisgarh,
      is directed to arrange for transporting the petitioner No.1,
      Ms. Soni Sori, to Delhi, for admission in AIIMS, within a
      week from date, after co-ordinating with the Director of
      AIIMS.

               As directed, the Director of the Institute shall make
      arrangements         to   receive      Ms.    Sori   and   to 
make    special
      arrangements for her stay in the hospital in custody, by
      providing a separate room, if necessary.                    
In collaboration
      with the Delhi Police, the State of Chhattisgarh will be
      entitled to take such measures, as may be required, for the
      purposes of security in the hospital itself.                     
If a separate
      room is required to be allocated for the petitioner No.1,
      such allotment shall be for the period of her stay in the
      hospital.

               It is made clear that the Medical Board will take a
      decision       as    to   how   long    the    petitioner    
No.1    would   be
      required to be kept in the Institute for the purpose of
      treatment.

               The treatment to be provided to the petitioner No.1,
      shall be decided by the Medical Board and carried out in he
      manner suggested by it.

               We also made it clear that during the stay of the
WP (Crl.) 206/2011
                                                                 5

      petitioner     No.1   in   the   hospital,   Mr.   Colin 
Gonsalves,
      learned senior counsel appearing on her behalf and Mr. Atul
      Jha, learned counsel appearing on behalf of the State of
      Chhattisgarh, will be entitled to visit her, to ensure that
      this order is properly implemented.

               Let a copy of this order be sent to the Director, All
      India     Institute   of   Medical   Sciences   and   the State of
      Chhattisgarh, for compliance.

               Let the documents produced by Mr. Colin Gonsalves and
      Mr. Atul Jha, in Court today, be kept with the records.

              (Chetan Kumar)                         (Juginder Kaur)
               Court Master                        Assistant Registrar

 

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