Current AffairsIndia

P&H HC to hear bail plea, suo motu case over Nodeep Kaur arrest on Friday; Shiv Kumar’s medical reports sought to assess allegations of torture

Justice Avneesh Jhingan heard the matter this morning.

The Punjab and Haryana High Court today adjourned cases concerning the arrest of Dalit labour activist Nodeep Kaur till Friday, upon finding that all her medical reports have not been placed on record by the State.

The Court today also took up the plea moved alleging the custodial torture of Shiv Kumar, who was arrested along with Kaur in relation to the farmers’ protests. The plea moved by Kumar’s father has now been adjourned to March 16 after the Court sought to peruse his earlier medical records.

Justice Avneesh Jhingan heard these matters this morning, with Senior Advocate RS Cheema appearing for Nodeep Kaur and Shiv Kumar’s father, and DAG Deepak Sabherwal appearing for the State of Haryana.

The High Court had earlier registered a suo motu case over the “illegal confinement” of Kaur following various complaints addressed to the High Court. On Monday, the bail plea moved by Kaur was clubbed with this suo motu case to be heard today.

When the matter was taken up this morning, the Judge took note that the State had only placed Kaur’s initial medical report, and not her subsequent medical report, on record.

I want medical on record before hearing her bail”, the Judge remarked.

Upon the State submitting that it would place consolidated records, the Court proceeded to adjourn the matter until Friday.

The order passed today notes that the Chief Judicial Magistrate had passed an order on January 18 ordering that Kaur be medically examined, pursant to which underwent the exam. However, since State sought time to place this Medical Report on record, the case has been posted for Friday. With today’s hearing, Kaur was also formally impleaded in the suo motu case, with no objection from the State.

In Shiv Kumar’s case, the Court had earlier ordered a medical exam to guage whether the allegations of torture were true, following with a report dated February 22 was placed before the Court. It was submitted by Senior Advocate RS Cheema today that the latest report showed that Kumar had been inhumanely tortured.

The Court, in turn, opined that he wanted to see Kumar’s earlier medical reports, including the medical done under Section 54, CrPC (examination of arrested person by medical practitioner at the request of the arrested person) in order to assess the situation in its entirety.

Apart from seeking all medical records, the Court has also noted the submission made by Kumar’s son that he requires medical attention and that he may be shifted to Section 32 Hospital. The State counsel assured that all medical facilities required by Kumar would be provided and that he would be shifted to Sector 55 Hospital if required. The Court has taken these submissions on record as well.

Shiv Kumar’s case has been posted to be taken up next on March 16.

Nodeep Kaur was arrested by the Sonipat Police on January 12 under Section 307 (attempt to murder), Section 146 (rioting), and Section 353 (assault to deter a public servant from discharge of his duty) of the Indian Penal Code.

On January 12, she was protesting in the Kundli industrial area with twenty others, demanding wages. Clashes with the police ensued thereafter.

Earlier, Kaur was reportedly granted bail in two cases lodged against her alleging extortion. However, she continued to remain in jail in view of her arrest in the above case, in relation to which the High Court will hear her bail plea tomorrow.

Shiv Kumar, the president of Mazdoor Adhikar Sangathan, was reportedly arrested from Singhu border on January 16, soon after Nodeep Kaur’s arrest and allegations of extorting and attacking factory owners.

Via Bar & Bench
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