The probe ordered by the Punjab and Haryana High Court into the alleged illegal detention and torture of labour rights activist Shiv Kumar has concluded that he was kept in illegal confinement for one week — January 16-23 last year — and was “badly tortured by the police, causing numerous injuries on various parts of his body, including fractures”.
The 29-page report by District and Sessions Judge, Panchkula, Deepak Gupta, the inquiry officer, said that Shiv Kumar was examined as many as five times from January 24, 2021 to February 2, 2021, but none of the doctors of the Sonipat Government Hospital or the doctor deputed in jail performed their duty and “they apparently danced to the tune of the police officials”.
Three FIRs registered
Shiv Kumar, 24, the district president of Mazdoor Adhikar Sangathan, a workers rights’ group, was arrested by the Haryana Police on January 23, 2021, in connection with three First Information Reports registered at Kundli Police Station. The first of the three FIRs was registered on December 28, 2020, on charges of extortion, rioting and criminal intimidation. On January 12, 2021, the Haryana Police registered two more FIRs against him on similar charges, including one for attempt to murder.
The arrest of Shiv Kumar and his associate Naudeep Kaur — the two were also part of the farmers movement — was reported widely by the media and the case gained further prominence after a tweet by the US-based lawyer Meena Harris in her support.
Father’s petition
It was following a petition by his father Rajbir that Punjab and Haryana High Court on March 16, 2021, asked Mr. Gupta, then District and Sessions Judge, Faridabad, for an inquiry into the allegations of illegal detention and custodial torture of Mr. Kumar.
The report, submitted before the High Court in August this year, said that Vinay Kakran, who was posted as Judicial Officer First Class, Sonipat, at relevant time, “appears to have not performed his duty as was required”.
The report said that Sub-Inspector Shamsher Singh, Additional SHO, Kundli Police Station, who was also the Investigation Officer of the three cases, was “directly responsible for the torture meted out to Shiv Kumar”.
