Breaking: Labour Activist Shiv Kumar Granted Bail In All Three Cases By A Local Court In Sonipat

While in two cases, he was granted Bail on Wednesday (03^rd March), in the third case, he has been granted Bail today.

#Breaking: Labour activist #ShivKumar, an associate of Punjab activist Nodeep Kaur (@KaurNodeep), has been granted bail by a Local Court in Sonepat in all three cases registered against him. pic.twitter.com/MMs7yPj4bH

— Live Law (@LiveLawIndia) March 4, 2021

Sonipat Sessions Judge, Yashvir Singh Rathor granted him Bail in the third case registered against him Under Sections 148, 149, 332, 353, 186, 384, 379-B, 307 IPC. 

After briefly noting the facts of the Case, the Court granted him Bailiby stating,

"Co-accused namely Naudeep Kaur, whose case is identical to that of applicant, has been released on bail by the Hon'ble High Court vide order (Y.S. Rathor) Sessions Judge, Sonipat, 04.03.2021 -3- dated 26.02.2021 in CRM-M No.7398 of 2021. In these circumstances, applicant is thus entitled to be released on bail on the ground of parity."

He has been granted Bail on furnishing personal bond in the sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of Area/Duty Magistrate

Shiv Kumar is the president of Mazdoor Adhikar Sangathan, and he was arrested on 16^th January, days after the arrest of Nodeep Kaur.

About Shiv Kumar

Both Shiv Kumar and Nodeep kaur were arrested after their protest against the alleged harassment of factory workers in the Kundli Industrial Area in Sonepat turned violent on 12 January.

The Police has named both of them in three FIRs filed in connection with the January 12^th incident, which includes charges of attempt to murder, theft and extortion.

Advocate Jatinder Kumar appeared on behalf of Kumar who filed his Bail Plea in all the three cases, once Nodeep Kaur was granted on bail in all three cases.

The Punjab and Haryana High Court had granted Bail To Dalit Labour Activist Nodeep Kaur in the third FIR Registered against her on February 26.

The Bench of Justice Avneesh Jhingan granted her bail while hearing her Bail Plea and a Suo Moto registered in connection with her matter (both matters heard together). However, with regard to allegations of her illegal detention, the matter will continue to be heard by the Court.

Significantly, the Bench observed,

"It would be appropriate to say that the right to peaceful protest is circumscribed by a thin line. The crossing of line may change the colour of protest. It would be subject matter of trial as to whether the line for the peaceful protest was crossed in the alleged incident or not."

Nodeep Kaur's Bail Plea

Submitting that she has been targeted and falsely implicated in the matter as she was successful in generating massive support in favour of the Farmers' movement, Dalit Labour Activist Nodeep Kaur had claimed in her Bail plea (filed before the Punjab & Haryana High Court) that she was beaten, tortured and suffered multiple injuries.

"Beaten Black And Blue By Police Officials", Dalit Labour Activist Nodeep Kaur Submits In Her Bail Plea, P&H HC To Hear Plea Tomorrow

In her bail plea, she had claimed that after arresting her, the Police Officials took her to the Police Station "in absence of any woman police official" and was "beaten black and blue by the police officials."

Significantly, the National Human Rights Commission (NHRC) has asked the Haryana Police for a report on a complaint that labour activist Nodeep Kaur.

About Nodeep Kaur

As stated, Nodeep Kaur is a member of the Mazdoor Adhikar Sangathan and was arrested on 12^th January when she participated in a protest held by unpaid labourers near the Singhu border between Haryana and Delhi and she remains in custody to date (in Haryana's Karnal jail).

Arrested by the Sonipat Police on January 12 on charges of attempt to murder, rioting, and assault to deter a public servant from discharge of his duty under the Indian Penal Code, among others.

As reported by The Hindu, the Sonipat Police issued a statement that a police team had gone to Kundli Industrial Area the day after they received information about the alleged manhandling of management and staff of an industrial unit, and attempts to extort money from them.

According to police, Ms. Nodeep and her associates attacked the police with sticks, causing injuries to seven personnel. Following the incident, she was arrested, but her associates managed to escape.

Responding to allegations of torture, the police had said, "She did not raise the issue of assault by police officers either before the Medical Officer or the Chief Judicial Magistrate."

"Thus, the allegations put forward by the accused or her lawyer seems to be an afterthought and the Police Department clearly negates the said allegation," said the statement.

Significantly, the arrest and the alleged torture of Kaur sparked social media debate and gained attention after Meena Harris, the niece of United States Vice President Kamala Harris, tweeted about her.