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Labour activist Shiv Kumar was kept in illegal custody, tortured: Probe report

The probe was ordered as the court found that in the medical examination done at GMCH-32, two fractures were found on his hand and foot and broken nail beds on his toe

Updated on: Dec 22, 2022, 24:46:23 IST
By , Chandigarh
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: A judicial probe ordered by the Punjab and Haryana high court has held that labour activist Shiv Kumar, was kept in illegal custody and tortured by Sonepat police during farmers protest at Delhi border in January 2021.

Labour activist Shiv Kumar was kept in illegal custody, tortured: Probe report (Getty Images)
Labour activist Shiv Kumar was kept in illegal custody, tortured: Probe report (Getty Images)

The probe was ordered by the high court in March 2021 after a plea from his father Rajbir Singh, seeking a CBI probe. It was ordered as the court found that in the medical examination done at GMCH-32, two fractures were found on his hand and foot and broken nail beds on his toe.

The GMCH report had listed out a total of seven injuries, of which two were termed as grievous caused by a blunt object. The report was contrary to the ones prepared by doctors in Sonepat.

The president of Majdoor Adhikar Sangathan, Kumar, as per police, was arrested in connection with violence at industrial units in Sonepat during farmer protests. Kumar was among leaders demonstrating in solidarity with farmers and mobilising workers in support of farmers, protesting against the Centre’s three farm laws.

As per the report, he was picked up by police on January 16, illegally detained for seven days before being produced before the magistrate. The report by former district and sessions judge, Faridabad and now HC judge, justice Deepak Gupta says he was kept in illegal confinement from January 16 to January 23, when he was shown arrested and torture was meted out to him at CIA office in Sonepat during illegal custody and thereafter in police remand.

He was “badly tortured” by the police causing numerous injuries on various parts, including fractures. Kumar was examined five times prior to the examination by GMCH-32, almost a month after he was shown arrested, says report. Medical examination at GMCH-32 was ordered by the high court.

The report says none of the government hospital doctors at Sonepat or the doctor deputed in jail performed their duty and they apparently “danced to the tune” of the police officials. They made the report apparently after being asked by the police officials.

Even JMIC Sonepat, Vinay Kakran appears to have not performed his duty as was required, says the report, adding that it appeared that either Shiv Kumar was not physically produced before Kakran and was made to sit outside in the police vehicles or if produced, he was not in a position to speak anything to the magistrate due to the threats given by the police since he had already been tortured since January 16.

The report further says Shamsher Singh, additional SHO of the police station Kundli and investigating officer in three FIRs against Kumar, was directly responsible for the torture along with other officials associated with him. SHO Ravi also cannot escape from responsibility as he was heading the police party when Kumar was lifted on January 16, it notes.

The report also holds inspector Ravinder, incharge CIA, responsible for torture even though he denied that Kumar was ever brought to CIA unit.