High court orders judicial probe into charges of custodial torture of trade unionist

Shiv Kumar is the president of the Majdoor Adhikar Sanghatan and is under trial along with fellow activist Nodeep Kaur

Shiv Kumar before his arrest.: File picture

---

Pheroze L. Vincent   |   TT   |   New Delhi   |  17.03.21: Punjab and Haryana High Court on Tuesday ordered a judicial inquiry into allegations of illegal detention and custodial torture of young trade unionist Shiv Kumar by Haryana police in January.

Kumar, 24, is the president of the Majdoor Adhikar Sanghatan and is under trial along with fellow activist Nodeep Kaur for three FIRs alleging extortion and attempt to murder during a protest against erratic wage payments at the Kundli Industrial Area in Haryana on January 12.

Justice Avneesh Jhingan issued the order on a petition by Kumar’s father Rajbir, a Dalit farmer in Sonipat district. Kumar told The Telegraph on Tuesday: “I welcome the high court’s order and I hope that an impartial inquiry will give me justice.”

Last month Kumar’s medical report, prepared by Government Medical College and Hospital, Chandigarh, on the high court’s orders, had recorded two fractures in his hand and foot and broken nail beds on his toe caused by a “blunt object”, as well as symptoms of post-traumatic stress disorder. Medical reports submitted by Haryana police had not revealed these signs of torture.

Kumar had alleged torture by cops who were trying to get him to identify other union members involved in the protest. He had alleged that he was illegally confined by the police in Sonipat for days after being abducted from the farmers’ protest site at the Singhu border.

The high court said on Tuesday: “Learned senior counsel appearing for the petitioner submits that the comparison of the initial MLR (medico-legal report) and the subsequent MLR dated 22nd February, 2021, speaks for itself…. No comment is made on comparison of two sets of medical reports, lest it would affect any further proceedings or inquiry, it would be suffice for this court to say that a probe is required.”

Justice Jhingan added: “At this stage, there is nothing before this court to doubt the investigation being carried out by the SIT (formed by the police). However, as there could be an occasion that the conclusion arrived at by the SIT and the inquiry report with regard to two sets of medical reports may cast a shadow on each other.”

“Considering the facts and circumstances in entirety, let the district and sessions judge presently posted at Faridabad hold an inquiry with regard to the allegations of illegal detention and custodial torture of Shiv Kumar,” the high court added.

Faridabad, like Sonipat, is another Haryana district on Delhi’s southern boundary. The probe by a judge from another district is ordered to ensure there is no conflict of interest. A status report has been called for by May 11.