Mahima
The Punjab and Haryana High Court directed a District and Sessions Judge at Faridabad to initiate a probe against allegations of illegal detention and custodial torture of activist Shiv Kumar at Kundli police station observing,
“in a democracy set-up, there cannot be even a thought for compromising the life and liberty of the citizen”.
Justice Avneesh Jhingan, after studying four medical reports submitted by the State as per earlier orders of the Court, held,
“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 Court had ordered a medical examination of Shiv Kumar which was conducted at Chandigarh-based Government Medical College and Hospital 32 which depicted certain injuries, a foot fracture, a hand fracture, and broken nail beds of some of his toes.
Petitioner’s counsel, senior advocate RS Cheema contended that the comparison between the initial and subsequent medical reports speaks for itself.
The Court, however, refrained from commenting on the medical reports considering that any observation might affect the inquiry but remarked,
“it would suffice for this Court to say that a probe is required”.
The Court did not stay the ongoing investigation by the Special Investigation Team but prohibited it from submitting its report without seeking the authorization of the Court.
“At this stage, there is nothing before this Court to doubt the investigation being carried out by Sit. However, as there could be an occasion that the conclusion arrived by the SIT and inquiry report with regard to two sets of medical reports may cast a shadow on each other… SIT may continue with the investigation but shall not submit its final report without seeking permission from this Court”.
The petition was filed by Kumar’s father, Rajbir, who sought medical examination for his son alleging that he underwent custodial torture and requested transfer of three different FIRs registered against Kumar to an independent agency.
Additional Advocate General Deepak Sabherwal representing the Haryana government submitted that the state is not going to object against an investigation if so is ordered.
Kumar was charged under Sections 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 186 (obstructing public servant in discharge of public functions), 332 (voluntarily causing hurt to public servant), 353 (assault or criminal force to deter public servant from discharge of his duty), 384 (punishment for extortion), 379B (snatching with hurt, wrongful restraint or fear of hurt) and 307 (attempt to murder) of the Indian Penal Code and granted bail earlier this month.
