The Punjab and Haryana High Court on Tuesday marked an inquiry into allegations of illegal detention and custodial torture of labour rights activist Shiv Kumar, who was arrested by the Haryana police in January this year.
The court asked the District and Sessions Judge at Faridabad to hold the inquiry after hearing a petition that sought transfer of the investigation of cases registered under the section 307 of the IPC and other sections at the Kundli police station in Sonipat to an independent agency. The petition also sought an independent inquiry into the illegal detention and torture of Mr. Kumar.
Mr. Kumar, 24, district president of the Mazdoor Adhikar Sangathan — a workers rights’ group, is facing charges of attempt to murder, rioting and extortion under different FIRs registered in Sonipat in Haryana.
Justice Avneesh Jhingan in an interim order said, “At this stage, there is nothing before this court to doubt the investigation by the Special Investigation Team. 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. Considering the facts and circumstances in entirety, let the District and Sessions Judge, Faridabad, hold an inquiry....”
In the meantime, the court said the SIT may continue with the investigation but shall not submit its final report without seeking permission from this court.
‘Medical reports differ’
The petitioner’s counsel, Arshdeep Singh Cheema, pleaded that the comparison of the initial medical reports and the subsequent medical report, following the court’s order, was different, and hence a request for an inquiry. “Four medicals were conducted when the petitioner was in police custody and none of them showed any injuries on him. But the report of the medical conducted after the HC’s direction shows at least four fractures and grievous injuries on Shiv Kumar’s body,” said Mr. Cheema.
