Relief for sexually harassed paraplegic girl

 

Seema had been made an accused by the Jaipur Police (District East) in a counter case to hers against the police. 

 

Justice CS Thakur and Justice Gyan Sudha Mishra who heard the matter in the Supreme Court said that Seema was a living corpse and she deserved dignity and not custody. 

 

"A report by the Board of Doctors constituted under the orders of the High Court, states that the petitioner is 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%," the bench added. 

 

Her counsel pleaded before the court 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.

 

Granting bail to het, the bench said that "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.

 

Seema was represented by senior counsel Colin Gonsalves and the State of Rajasthan was represented by Additional Advocate General Manish Singhvi.

 

It may be recalled that Seema was sexually abused in custody at Pratap Nagar police stion in Jaipur on the 23rd of January, 2011 when the police violating all procedures had got her to the police station, in the name of interrogation in a missing case of one of her friends, Hina.

 

What was even more humiliating was that all this while Seema\\\’s father Shivdan Singh, a constable in the Rajasthan armed constabulary, was kept waiting outside the room, helpless, as her daughter went through the agony inside. 

 

 Completely shattered by the sexual abuse she threw herself in front of a train next morning on the 24th January,2011 and survived the suicide attempt becoming a paraplegic for life.

 

Following the outrage that followed the policemen were arrested. When Hina, Seema\\\’s friend returned on 4th May 2011, after having spent time in Jadonpur, Mathura and having worked in Agra as a marketing manager in a company, she became a tool in the hands of the police who got her to make statements against Seema. The forced her to include Seema\\\’s name in her statement.

 

Seema and her two witnesses of sexual torture were arrested in due course. Seema got arrested on the 29th of February, 2012.

 

Despite the law on bail which clearly gives powers to police and magesterial courts to grant bail u/s 437 (1) (2) to released on bail "if such person is under the age of sixteen years or is a woman or is sick or infirm: “ However, in the case of Seema neither did the Investigating officer of the case, who could have released her on bail, nor the magisterial court nor the District court granted her bail. Although she was a fit case of bail at all levels as she can neither escape, nor influence witnesses nor tamper evidence, which are the three dimensions that need to be examined when bail is granted.