Punjab and Haryana High Court has ordered an independent inquiry into allegations of custodial torture and illegal detention of Dalit labour activist Shiv Kumar. A bench of Justice Avneesh Jhingan has entrusted the inquiry to the District and Session Judge, Faridabad.
The petition was filed was Rajbir, Shiv Kumar’s father for transferring the investigation of the FIR’s filed against him in Kundli police station to an independent agency and an independent inquiry into the illegal detention and torture of Shiv Kumar was also sought.
On February 19, the court had directed the Medical Superintendent of a Government Medical College and Hospital (GMCH), Chandigarh to medically examine Shiv Kumar. The Counsel appearing for the petitioner submitted that comparison of the initial medical report and the subsequent report filed on February 22 “speaks for itself” and requested that an inquiry be ordered, and in the meantime, the investigation in his FIRs be stayed. The counsel appearing for the State did not raise any objections towards the inquiry and informed the court that the investigation of the FIRs was handed over to a Special Investigation Team (SIT).
The GMCH had put on record that Shiv Kumar’s medical examination “showed multiple injuries, including at least two fractures on his left hand and right foot, caused by blunt object / weapon”. The injuries were noted to be “more than two weeks old”, in the report.
The court refrained from commenting on the medical reports as that could affect any further proceedings or inquiry. The court further stated that it cannot cast a doubt upon investigation being carried out by the SIT, but observed that the conclusion of the SIT and inquiry report based on the medical reports could cast a shadow on each other. Hence, the court deemed it fit to assign the inquiry into the medical report, to determine whether Shiv Kumar was illegally detained and tortured in custody, to District and Sessions Judge, Faridabad.
The court further directed that while SIT may continue with its investigation, it shall not submit its final report without seeking permission from the Court. The court has sought a status report on the next hearing date, May 11.
It is pertinent to note here that even the National Human Rights Commission is apprised of the matter as three organisations, Human Rights Defenders Alert, Commonwealth Human Rights Initiative and National Dalit Movement for Justice wrote to the Commission over Shiv Kumar’s “abduction, illegal detention, arbitrary arrest and custodial torture”.
Allegations of custodial torture
As per news reports, the GMCH report says Kumar has “right foot swelling…swelling and tenderness of left foot…nail beds of right second and third toe are broken and underlying skin is reddish in colour and showing healing changes… left big toe shows blackish discoloration… nails of left thumb and index finger shows bluish black discoloration with tenderness… tenderness over right wrist…There is fracture of distal phalanx of the second digit of left hand… fracture of base of 5th metatarsal bone of right foot…possible fracture/ sesamoid bone at left navicular bone… possibly fracture of the right ulna bone (right wrist).”
Further, Shiv Kumar’s allegations were also quoted in the medical report whereby he stated that on January 16, after his arrest, he was “taken to old Kacheri, Sonepat, where the C.I. staff assaulted him”. He further alleged that “the police tied both his feet, lay him on the ground, and hit him on the soles. His second, third and fifth toe nails of the right foot were torn and the nail of the big toe of his left foot became blue. They also hit him on the buttocks with flat sticks, then they tied his hands and stretched his legs. He was made to lie on the ground with both legs straight and a metal pipe was placed on his thigh and rolled over the thighs by two people. They also hit him on both hands and palms and on the back of his head.” Kumar alleged that he was “also not allowed to sleep for three days. The C.I staff took his statement and asked him to give names, and, when he could not do so, they tied him to a chair and poured water on his head.”
Background
Shiv Kumar, President of Mazdoor Adhikar Sangathan, was detained on January 16, a few days after the arrest of Dalit acitivist Nodeep Kaur, for allegedly violently protesting the harassment of factory workers in the Kundli Industrial Area in Sonipat on January 12. He was granted bail by Sessions Court, Sonipat on March 4 in the third FIR registered against him, after which he was finally released.
The High Court order may be read here:
Related:
Labour activist Shiv Kumar granted bail by Haryana court
Dalit activist Shiv Kumar says he was tortured in Haryana jail
Jailed labour rights activist Shiv kumar has multiple injuries: Medical report