CASE BRIEFS

1. CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO.206 OF 2011

Soni Sori & Anr. ... Petitioners

Vs.

State of Chhattisgarh ... Respondents

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.

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.

e writ petition, which is ready for hearing, is yet

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WP (Crl.) 206/2011

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.

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