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2012 DIGILAW 447 (SC)

Soni Sori v. State of Chhattisgarh

2012-05-02

ALTAMAS KABIR, J.CHELAMESWAR

body2012
ORDER : 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. She has also prayed for transfer of the various matters pending against her to any competent court in Delhi. 2. On 20-10-2011, 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 Soris complaints regarding the injuries which she is supposed to have sustained. We had directed Soni Sori v. State of Chhattisgarh, (2011) 14 SCC 658 : (2013) 3 SCC (Cri) 724 that the State of Chhattisgarh should arrange to take her to Calcutta for being admitted in 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 15-11-2011. 3. From the report, which was submitted by the Chairman of the Medical Board and Medical Superintendent-cum-Vice-Principal, NRS Medical College and 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 cm x 1.5 cm x 1.0 cm and 2 cm x 1.5 cm 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. 4. The writ petition, which is ready for hearing, is yet to be heard, but, in the meantime, three separate criminal miscellaneous petitions have been filed, being Cri. MPs 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 Petitioner 1 to Nil Ratan Sarkar Medical College and Hospital, Kolkata, for such period of time, as the Medical Board required for her treatment. MPs 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 Petitioner 1 to 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. 5. We have considered the correspondence received by Mr. Colin Gonsalves from Ms Sudha Bharadwaj, learned advocate, who had gone to visit Petitioner 1 in Raipur Jail, pursuant to the leave granted by this Court, wherein various complaints have been made regarding the medical condition of Petitioner 1 and the negligence in her treatment. We have also considered certain letters written by Petitioner 1 herself, as also the report submitted by Mr. Atul Jha, regarding the medical treatment provided to Petitioner 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 Petitioner 1 Soni Sori, by another Medical Board, in addition to what has already been submitted by the parties. 6. Accordingly, we direct the Director of All India Institute of Medical Sciences (AIIMS), to constitute a Board of Doctors, which will include the Head of the Department of 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 10-7-2012, when the criminal miscellaneous petitions are to be listed. For the said purpose, the State of Chhattisgarh is directed to arrange for transporting Petitioner 1 Ms Soni Sori, to Delhi, for admission in AIIMS, within a week from date, after coordinating with the Director of AIIMS. 7. For the said purpose, the State of Chhattisgarh is directed to arrange for transporting Petitioner 1 Ms Soni Sori, to Delhi, for admission in AIIMS, within a week from date, after coordinating with the Director of AIIMS. 7. 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 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 Petitioner 1, such allotment shall be for the period of her stay in the hospital. 8. It is made clear that the Medical Board will take a decision as to how long Petitioner 1 would be required to be kept in the Institute for the purpose of treatment. 9. The treatment to be provided to Petitioner 1, shall be decided by the Medical Board and carried out in the manner suggested by it. 10. We also made it clear that during the stay of Petitioner 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. 11. Let a copy of this order be sent to the Director, All India Institute of Medical Sciences and the State of Chhattisgarh, for compliance. 12. Let the documents produced by Mr. Colin Gonsalves and Mr. Atul Jha, in the Court today, be kept with the records.