The Supreme Court on Tuesday granted interim bail to a paraplegic and alleged victim of custodial sexual torture from Jaipur. The girl had been made an accused by the Jaipur Police (District East) in a counter case to hers against the police.
Justice C. S. Thakur and Justice Gyan Sudha Mishra of the Supreme Court, who heard the matter, noted that the girl was a “living corpse” and she deserved dignity and not custody. Quoting from the order, the Judges said that the report from the board of doctors constituted under the orders of the High Court showed that the petitioner was a complete paraplegic. “Her left leg has been amputated above the knee. She has also lost voluntary control of bowel and bladder, and is completely dependent for all her activities of daily living. She has permanent disability of more than 80 per cent”.
The girl was represented by senior counsel Colin Gonsalves. The State of Rajasthan was represented by Additional Advocate-General Manish Singhvi.
“Mr. Gonsalves submits that keeping in view the medical condition of the petitioner and the fact that she has been in custody for past 63 days, this court could consider granting interim bail to her. Dr. Singhvi does not seriously oppose that prayer and submits that pending. Final disposal of the petition and filing of objections by the respondent, the court could grant interim bail to the petitioner,” said the Judges.
“In the circumstances, therefore, we direct that the petitioner shall be released from custody on her furnishing bail bonds in a sum of Rs. 10,000 with one surety in the like amount to the satisfaction of the trial court .This order is only an interim arrangement and shall remain subject to the final outcome of the SLP,” they said.
The case dates back to January 23, 2011, when the girl was sexually abused allegedly in police custody. She had taken to the police station in the name of interrogation in a missing case of one of her friends. Shattered by the sexual abuse the girl threw herself in front of a train next morning. She survived the suicide attempt, becoming a paraplegic.
The policemen allegedly involved were arrested following the public outrage. When the girl's friend returned on May 4, 2011, after having spent time in Mathura, she was made to give statements against the victim. Consequently, victim and two persons who witnessed her sexual torture were arrested. The girl was arrested on the February 29.
“The law on bail clearly gives powers to police and magisterial courts to grant bail u/s 437 (1) (2) ‘if such person is under the age of 16 years or is a woman or is sick or infirm' but in the case of the victim, neither did the investigating officer of the case, nor the Magisterial court/ the District court granted her bail when she was a fit case of bail at all levels,” said Kavita Srivastava, General Secretary of People's Union for Civil Liberties, Rajasthan.
