New Delhi: The Punjab and Haryana high court on Tuesday directed a district and sessions judge posted in Faridabad to conduct an enquiry into the allegations that labour rights activist Shiv Kumar was detained illegally and tortured in the custody of Haryana police.
According to Bar & Bench, Justice Avneesh Jhingan passed the orders after examining four medico-legal reports (MLRs) that were produced in court along with the status report dated February 27.
Kumar and Nodeep Kaur, another labour rights activist, were arrested in January on charges of extortion and theft. A total of three cases were registered against them. Their colleagues say the duo were merely mobilising support for the farmers protest near the Singhu border.
The judge passed the orders in a petition filed by Rajbir, Kumar’s father.
Previously, a medical examination conducted by the Government Medical College and Hospital (GMCH) in Chandigarh on the directions of the high court added weight to the claims that the labour activist was tortured. The report detailed various injuries and fractures that Kumar suffered, adding that he seemed to suffer from post-traumatic stress disorder.
Kumar was released from jail on March 4 after securing bail in all three cases. Kaur has also been released.
During Tuesday’s hearing, Kumar’s advocate R.S. Cheema submitted that the comparison of the initial MLR and the subsequent MLR dated February 22 “speaks for itself”. He requested an inquiry to be ordered and in the meantime, the investigation by the Special Investigation Team (SIT) should be stayed.
The state’s counsel submitted that the government “was not in aposition to raise any serious objections, if an inquiry is ordered to be conducted”. He said the investigation of the FIRs was handed over to an SIT.
The judge did not make any comments on the comparison of the two sets of medical reports, “lest it would affect any further proceedings or inquiry”. Justice Jhingan noted, “It would … suffice for this court to say that a probe is required.”
The court said at this stage, no doubts can be raised about the investigation being carried out by SIT and therefore, did not stay it. However, as there is a possibility that the conclusion arrived at by the SIT and an inquiry report with regard to the two sets of medical reports may cast shadow on each other, the SIT was directed not to submit its final report without seeking permission from the HC.
“Considering the facts and circumstances in entirety, let the District and Sessions Judge presently posted at Faridabad hold an inquirywith 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,” the judge said, according to Bar & Bench.
In the meantime, the SIT was allowed to continue with its investigation.
“Put up on 11th May, 2021, for submission of status report,” the court said.
In the order, the HC also ntoed that part III of the Indian constitution 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,” Justice Jhingan said.