SONI SORI AND ANR. Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition has been filed by one Soni Son and one Gautam Navlakha, inter alia, for the following reliefs:

(2.) Appearing for the Petitioners, Mr. Colin Gonsalves, learned senior advocate, submitted that in connection with certain allegations in relation to certain incidents at Dantewada in Chhattisgarh, the Petitioner No. 1 was arrested on 4.10.2011 in Delhi and was brought before the Duty Magistrate at District Court, Saket, Delhi on the same day. On 5.10.2011 she was produced before the Additional Chief Metropolitan Magistrate, Saket, who transferred the case to the Additional Sessions Judge, Saket, to consider the Petitioner's prayer for grant of bail. The said petition was dismissed on 7.10.2011 and the matter was sent back to the Additional Chief Metropolitan Magistrate to take a decision on the application made by the Chhattisgarh Police for transit remand. Such prayer was allowed and the Petitioner No. 1 was handed over to the Chhattisgarh Police on the same day. Thereafter, the Petitioner No. 1 was removed to Chhattisgarh and was lodged in Raipur jail.

(3.) Mr. Gonsalves submitted that after being taken to Chhattisgarh the Petitioner No. 1 was produced before the Judicial Magistrate 1st Class, Dantewada, on 8.10.2011. The learned Magistrate directed police custody of the Petitioner up to 11.00 a.m. on 10.10.2011, inter alia, on the condition that under police remand she would not be physically tortured and that she would be medically examined by a Registered Medical Practitioner before being taken on police remand and before producing her in Court. The Petitioner No. 1 was remanded to the custody of the Sub-Divisional Police Officer, Kirandul, District-Dantewada. Mr. Gonsalves submitted that on 10.10.2011 the Petitioner No. 1 was not produced in Court and the reason given by the police was that while taking a bath in the morning, she had fallen and sustained injuries to her head and waist. Mr. Gonsalves pointed out that the medical report of the Dantewada District Hospital dated 10.10.2011 indicated injuries to the head and lumbar region of the Petitioner No. 1, along with a black mark on the plantar aspect of the middle finger which according to him was caused on account of electric shocks having been given to the Petitioner No. 1.