Labour activist torture: Haryana cops found guilty, Govt doctors did not perform duty confirms inquiry report

Chandigarh: A Punjab and Haryana High Court-ordered probe has found that Sonipat police illegally detained and tortured labour activist Shiv Kumar in January 2021, while government doctors examining him "apparently danced to the tune of police officials". 

The judicial probe had been ordered in March 2021 after the activist's father moved the court, alleging that his son was brutally tortured in police custody. The probe was conducted by the then District and Sessions Judge, Faridabad, Deepak Gupta, who submitted his report recently.

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Shiv Kumar, president of the Majdoor Adhikar Sanghathan, was arrested by the Haryana Police in connection with a protest held by labourers outside a factory in Sonipat in January 2021.

In his report, the judge has held that allegations of illegal confinement and custodial torture of Kumar were duly proved on record.

According to the probe, Kumar was kept in illegal confinement till January 23, 2021, after being picked up by police on January 16, 2021. Kumar was shown as arrested on January 23, as per the report.

Kumar was "badly tortured" by police which caused numerous injuries on various parts of his body, including fractures, as per the 29-page report.

"Although prior to the medical examination of Shiv Kumar conducted on February 20, 2021, by the medical board of government medical college and hospital, Sector 32 (Chandigarh), said Shiv Kumar was examined as many as five times during January 24, 2021, to February 2, 2021, but none of the doctors of the Government Hospital, Sonipat, or the doctor deputed in jail performed their duty and they apparently danced to the tune of the police officials," it said.

The report further said, "Apart from the failure of the said medical officers at a government hospital, Sonipat, and at district jail, Sonipat, even Vinay Kakran, who was posted as JMIC Sonipat appears to have not performed his duty as was required." "It appears that either Shiv Kumar was not physically produced before the magistrate and was made to sit outside in the police vehicle, or if produced, he was not in a position to speak anything to the magistrate due to the threats given by the police, as he had already been subjected to torture right from January 16, 2021, onwards till he was produced before the magistrate," the report said.

"Had the learned magistrate seen the accused Shiv Kumar in person, he could have noticed the injuries visible on his body," it added.

The report further stated that Shamsher Singh, Additional SHO of Kundli police station and investigating officer in the case, was directly responsible for the torture meted out to Shiv Kumar, as were other officials associated with him.

"It was his duty to ensure no physical harm to the accused during the period of police remand. Instead of doing so, he was one of the perpetrators of the torture inflicted upon Shiv Kumar," it said.

The probe report further said Inspector Ravi, who was the SHO of Kundli police station, cannot escape from his responsibility as he was heading the police party on January 16, 2021, which lifted Kumar and took him in illegal confinement.

Shiv Kumar's medical examination conducted by the Chandigarh-based Government Medical College and Hospital found some injuries, including two fractures on his hand and foot, and also broken nail beds of some of his toes, it said.

The high court in February 2021 had directed the superintendent of Sonipat Jail to get a medical examination of Kumar conducted by the GMCH after the activist's father alleged that his son was brutally tortured.

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