Chandigarh: The Punjab and Haryana High Court Tuesday ordered an inquiry into the alleged illegal detention and torture of labour activist Shiv Kumar, who was arrested by the Haryana Police in January this year.
Taking up a petition filed by Kumar’s father Rajbir in February, Justice Avneesh Jhingan has asked Faridabad’s district and sessions judge to conduct the probe and submit a report.
“Part-III of the Constitution of India, deals with Fundamental Rights. Article 21 guarantees protection to life and personal liberty. Life and liberty of no person can be deprived except as per the procedure established by law. In a democratic set up, there cannot be even a thought for compromising the life and liberty of the citizen,” noted Justice Jhingan’s order.
It added, “Considering the facts and circumstances in entirety, let the District and Sessions Judge presently posted at Faridabad hold an inquiry with regard to the allegations of illegal detention and custodial torture of Shiv Kumar. It is expected that all the concerned parties will lend their full cooperation to the Sessions Judge, so that inquiry report is submitted at the earliest.”
Kumar, president of the Mazdoor Adhikar Sangathan (MAS), was arrested by the Haryana Police on 23 January, 11 days after his colleague Nodeep Kaur’s arrest.
The 24-year-old activist, who has partial visual impairment, and Kaur were arrested on extortion and attempt to murder charges on the complaint of factory owners at the Kundli Industrial Area in Sonipat.
The two were leading an agitation against the factory owners, demanding pending wages for their employees.
Kumar was released on bail on 4 March while Kaur got bail on 26 February.
Also read: ‘His nails were blue, he was limping’ — activist Shiv Kumar’s family alleges custodial violence
SIT to continue probe
Kumar was booked under three FIRs, which include charges of attempt to murder, theft and extortion, and a Special Investigation Team (SIT) of the Sonipat police is now investigating the matter.
The High Court Tuesday decided to allow the SIT to continue its probe but said that it shall not submit a final report without the court’s permission.
On 19 February, Kumar’s father had filed a petition before the Punjab and Haryana HC alleging that his son was kept in illegal detention and brutally tortured.
In his petition, he had called for transferring the investigation from the Haryana Police to the CBI and also an enquiry into his torture while in police custody.
Kumar’s medical examination was conducted by a board of doctors at Government Medical College and Hospital, Sector 32, Chandigarh (GMCH-32) on 22 February, at the behest of the Punjab and Haryana High Court. The doctors reported that Kumar had multiple fractures in his hands and legs and injuries caused by a blunt object or weapon.
“Contending the allegations of physical torture Haryana police today submitted before the High Court four medico-legal reports of Kumar which show that he had not received any injuries at all,” said Arshdeep Cheema, Kumar’s advocate.
Comparing the findings of the medical examination conducted by GMCH-32 and the medico-legal reports submitted by the Haryana Police, Justice Jhingan said, “No comment is made on comparison of two sets of medical reports, lest it would affect any further proceedings or inquiry, it would be suffice for this Court to say that a probe is required.”
“At this stage, there is nothing before this Court to doubt the investigation being carried out by the SIT. However, as there could be an occasion that the conclusion arrived at by the SIT and inquiry report with regard to two sets of medical reports may cast shadow on each other,” added the order.
Speaking to ThePrint, Cheema said that Kumar was picked up by the police on 16 January and was kept in illegal custody till 23 January.
“He was presented before a magistrate on 24 January and remanded to 10 days of police custody. The four medico-legal reports submitted by the police in the court today are of 24 January, 27 January, 31 January and 2 February, the day he was sent to judicial custody,” said Cheema.
The advocate further questioned the authenticity of the medico-legal reports and noted that after Kumar’s initial medical examination by GMCH-32 last month, where the doctors found that he had sustained severe injuries, the Sonipat jail authorities took him to the hospital and got his fractured foot plastered.
Kumar was allowed access to an advocate for the first time on 22 February, after his father moved the high court.
(Edited by Rachel John)
Also read: ‘Right to peaceful protest circumscribed by thin line’ — Full text of Nodeep Kaur bail order