Breaking: Punjab & Haryana High Court Directs Inquiry Into Allegations Of Illegal Detention & Custodial Torture Of Labour Activist Shiv Kumar

The Bench of Justice Avneesh Jhingan has directed all concerned parties to lend their full cooperation to the Sessions Judge, so that the inquiry report is submitted at the earliest.

Just in: Punjab & Haryana High Court directs District and Sessions Judge, Faridabad to hold an inquiry with regard to the allegations of #IllegalDetention and #CustodialTorture of Shiv Kumar (@shivkumar_mas).@KaurNodeep pic.twitter.com/6UpQ30jgkj

— Live Law (@LiveLawIndia) March 16, 2021

The matter before the Court

The Court was hearing a plea, which was filed by the father of the Labour Activist Shiv Kumar under Section 482 Cr.P.C. for issuance of direction to transfer the investigation of cases in three different FIRs registered under various serious sections of the Indian Penal Code against Kumar, to an independent agency.

Further, a direction was sought for an independent inquiry into the illegal detention and torture of Shiv Kumar and it was also prayed that Shiv Kumar be medically examined.

Notice of motion was issued on 19^th February, 2021 and the Court had also ordered for the medical examination of Shiv Kumar.

On 24^th February, 2021, a report dated 22^nd February, 2021 was produced along-with the reply by way of an affidavit of Satvinder Kumar, Superintendent, District Jail, Sonipat.

The Senior counsel appearing for the petitioner submitted before the Court that the comparison of the initial MLR and the subsequent MLR report dated 22^nd February, 2021 spoke for itself, and thus, a request was made that an inquiry be ordered and in the meantime the investigation be stayed.

The State Government submitted that the investigation of the FIRs had been handed over to the Special Investigation Team (SIT).

Court's observations

Without making any comment on the comparison of two sets of medical reports, lest it would affect any further proceedings or inquiry, the Court observed that a probe is required.

However, the Court did remark,

"Part-III of 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."

Further, noting that there is nothing before the Court to doubt the investigation being carried out by the SIT, the Court opined,

"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 a shadow on each other."

In this backdrop, considering the facts and circumstances in entirety, the Court directed the District and Sessions Judge presently posted at Faridabad to hold an inquiry with regard to the allegations of illegal detention and custodial torture of Shiv Kumar.

In the meantime, SIT has been given the liberty to continue with the investigation but has been directed to not submit its final report without seeking permission from this Court.

The matter has been posted for further hearing on 11^th May, 2021, for submission of status report.

Background

Labour activist Shiv Kumar, who is an associate of Dalit Labour Activist Nodeep Kaur got bail from a Local Court in Sonipat District (Haryana) in all three cases registered against him on March 4.

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.

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.

Significantly, 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."

Case title - Rajbir v. State Of Haryana And Others

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