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Posted on 12 October 2011 |
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| CURRENT AFFAIRS |
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CHHATTISGARH |
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SC asks Chhattisgarh to respond to allegations of torturing Soni Sori
Advocate Colin Gonsalves says Sori is in critical condition as a result of torture in police custody
Vishwjoy Mukherjee
New Delhi
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Soni Sori is led by the police outside the district court complex in New Delhi |
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The Supreme Court on Thursday directed the Chhattisgarh government to respond to the allegations by petitioners that the tribal school teacher Soni Sori, currently hospitalized, is in a critical condition due to custodial torture by the state police. Justices HL Gokhale and Altamas Kabir asked Chhattisgarh’s standing counsel Atul Jha to seek information from the State government on the allegations and file a response to it by tomorrow, in court.
A video clip of Sori lying on a hospital bed suffering from serious head and back injuries, that has been doing the rounds on the internet since 10 October is also raising doubts about torture. Senior counsel Colin Gonsalves, appearing for Sori, filed an appeal in the Supreme Court seeking a transfer of all four cases against Sori to a court in Delhi. Also, an appeal has been made for the constitution of an investigative team to probe into her alleged involvement with the Maoists in Chhattisgarh.
Gonsalves argued in the Supreme Court that, Sori was on the verge of death due to police torture in custody after her arrest from Delhi last week. He also claimed that Sori, was falsely implicated in a number of cases linking her to Maoist activities.
In a separate incident, around two dozen protesters gathered outside Chhattisgarh Bhavan, in New Delhi, demanding an immediate status report on Sori’s condition in custody. “This kind of procedural malpractice cannot go on in Chhattisgarh. It is shocking that there hasn’t been a status update on her condition so far,” said Vani Subramanian, one of the protestors.
The enraged protestors went to the Chhattisgarh Resident Commissioner’s office, with a petition demanding urgent intervention in the Soni Sori case. The petition had 120 individual and 35 group signatories.
Vishwajoy Mukherjee is a Trainee Correspondent with Tehelka
vishwajoy@tehelka.com
Soni Sori refuses to eat if treated like an animal
Arrested, chained to hospital bed and accused of being Maoist, tribal school teacher Soni Sori goes on hunger strike in protest, reports Tusha Mittal
Thirty-five-year-old Soni Sori, a tribal school teacher from Chhattisgarh accused of attacking a Congress leader, bombing a tehsil (local government) office, and couriering money between the Maoists and corporate giant Essar Steel, has decided to go on a hunger strike, according to local media reports. “I heard Sori telling local media at Jagdalpur hospital that she has not eaten anything and refuses to eat,” her lawyer KK Dubey told Tehelka.
“One of the reasons for her hunger strike is to protest being chained on a hospital bed,” added junior lawyer Xitiz Dubey. In local TV footage in Chhattisgarh, Soni Sori has been quoted as saying: “Why are the police treating me like a criminal? Why did they shackle my feet?"
“She said both her feet were shackled to the hospital bed. How can she be chained without a Supreme Court order? When media persons reached the hospital, the police unlocked the chains. But she did not break her fast fearing they will chain her again once the media leaves.”
Sori has now been shifted from Jagdalpur to Ambedkar hospital in Raipur, and is at present undergoing a CT scan. It remains unclear whether she will continue her fast from jail. Social activist Himanshu Kumar said he hopes to initiate a nation-wide fast in support of Sori. “I will begin an indefinite fast tomorrow in support of Soni Sori’s fast and against the false implication of Soni and Lingaram,” said social activist Himanshu Kumar. “I appeal to all those who support the tribal cause to join the fast.”
After her arrest from a Delhi bus stand, Soni Sori appealed against the move to send her back to the Chhattisgarh police. Sori’s lawyers argued against transferring her to Chhattisgarh police fearing for her safety. Sori also wrote a letter to a Delhi court judge detailing her fears. On 7 October, the court rejected the appeal and allowed the Chhattisgarh police two days to question her.
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“If someone is mentally tortured and interrogated continuously for more than 48 hours, and then that person collapses and hits her head, is that not a case of torture?” |
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Back in Chhattisgarh, she was produced before a magistrate on 8 October, and taken into police custody. On 10 October, after 48 hours of interrogation, Sori was scheduled to appear before a magistrate. However, that same morning, she was admitted to a hospital in Dantewada with head and back injuries. “There were contusions on the right side of her head in the occipito pareital region. It seemed to be inflicted by some hard object. She was also experiencing severe back pain, and there was tenderness in the lumbar region of her back," Dr RN Gangesh, senior medial officer at Dantewada Hospital told TEHELKA. Chhattisgarh police claimed that Sori sustained injuries as she slipped in a bathroom at the local police station.
“She told me she was mentally tortured from interrogation and collapsed,” said her lawyer KK Dubey. Since most of Sori’s statements have been made in police presence, it remains unclear whether Sori was physically tortured in police custody. “If someone is mentally tortured and interrogated continuously for more than 48 hours, and then that person collapses and hits her head, is that not a case of torture?” asked Vrinda Grover, Sori’s earlier counsel in Delhi.
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“Why are the police treating me like a criminal? Why did they shackle my feet?" |
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On the afternoon 10 October, Sori was taken from the Dantewada hospital to the court premises. However, in a violation of court procedure, she did not enter the court of Judicial magistrate Yogita Wasnik. Lawyers present have confirmed that the magistrate has not heard Sori herself, nor seen the injuries sustained. Sori she sat in the police jeep and her statement was recorded by a court clerk.
“She was never produced before the court,” said Grover. “This is a serious violation. She remained in the police van outside. She could not stand up because of her injuries. The magistrate did not go out to see her but sent a babu (deputy). How can you delegate such judicial responsibility to a babu? There needs to be a magisterial inquiry into injuries she has sustained while in custody.”
After her court visit, the magistrate transferred Sori to judicial custody until 17 October. The magistrate also asked for a CT scan of her injuries. “Sori was taken to a hospital in Jagdalpur for a CT scan and check up,” her lawyer KK Dubey told TEHELKA.”But the machine wasn’t working. She has been sent to Raipur. Once discharged from hospital, she will be sent to judicial custody.”
Meanwhile, Sori’s lawyers in Delhi have filed two petitions in the Supreme Court and Delhi High court demanding her case be transferred out Chhattisgarh. The Delhi High Court has asked the Chhattisgarh government for an assurance on Sori’s safety. The Chhattisgarh government has until 14 October to respond.
Tusha Mittal is a Principal Correspondent with Tehelka.
tusha@tehelka.com
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Below is the English translation of Soni Sori’s letter
Honourable Judge Sahib, whatever written statement I am submitting is true. I request you, Judge Sahib, to kindly take note of my truthfulness.
For the last two years, the policemen have been harassing me. They used to harass me by summoning me to the police stations, entering our houses and breaking household items and playing (leeringly) with our clothes. If we tried to say something, we would be told threateningly, ‘Where would you go to lodge the complaint? Who will listen to you? One day, we will declare you a Naxalite and kill you. That’s why we have declared you an absconder since last year.” I would tell them that I was working as a teacher in a school. Then how could they declare me (an absconder)?
Judge Sahib, I had come to Delhi with a purpose. I tried to fulfill that purpose by remaining in hiding here and there. Had I committed any crime, I would have never come here. Because truth was with me, I wanted to present the truth before the Supreme Court. Whatever I did, I kept my lawyer informed. I gave an interview in the Tehelka Press too.
Judge Sahib, please tell me why the police declared me an absconder? And why did they fire at me?
The policemen wanted me to call up (someone) on the phone posing as a Naxalite. When I refused to ring up B. K. Lala, they declared me an absconder and by spreading the news in the whole of Chhattisgarh, put up for auction (tore to shreds) my self-respect and social prestige. Now the situation is such that the residents of Chhattisgarh and the whole society look upon me as a criminal. Therefore Judge Sahib, I want to fight this battle between truth and falsehood by staying here in Delhi, so that when I go back to Chhattisgarh, I can take pride in myself that I have been victorious in this fight between truth and falsehood.
Judge Sahib, I request you kindly to not send me back to Chhattisgarh. The police of that state would cook up some case against me and kill me. I have suffered at the hands of policemen. Sahib, I have three children. At present, there is no one to look after them. My husband is also in jail since last year on some fabricated charges. The courts there also don’t give a hearing. The policemen harass me. I tried to tell the truth to the police many times. Even then, they consider me a Naxal supporter. If I were a Naxal supporter, then why did I not save my father’s house from being destroyed? In the last months, on 14-6-2011,the Naxalites looted my father’s house after shooting him in the foot. Even then, the police are unable to see the truth. Before coming to Delhi, I asked a number of people to help me, but no one came for my help. Judge Sahib, I request you again not to send me back. My case should be heard in the Supreme Court.
Judge Sahib, I have some demands.
1. The police have implicated me in the attack on Avadesh Gautam, firing in Kuakonda, bombing of Kuakonda tehsil office, holding rallies and other false cases. I request Judge Sahib to order a CBI inquiry into all of them.
2. The police administration should not harass the residents of my area and the members of my family such as my brothers, my parents and my children.
Soni
Petitioner
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