The Hon’ble Punjab and Haryana High Court on 16th March 2021 administered the Hon’ble District and Sessions Judge, Faridabad to investigate concerning the accusations of Illegal Detention and Custodial Torture of Shiv Kumar.
The Hon’ble Bench has also directed all related parties to the present case to lend their full support to the Hon’ble Sessions Judge so that the investigation report is submitted at the earliest.
The present petition was filed before the Hon’ble Court which was duly filed by the father of the Activist Shiv Kumar under Section 482 Criminal Procedure Code, 1973 (hereinafter referred to as “CrPC” 1973) for issuing the way to transfer the investigation of cases in three different FIRs registered under various serious sections of the Indian Penal Code, 1860 (hereinafter referred to as “IPC, 1860”) against the activist, to an independent agency.
Furthermore, a direction was sought for an independent inquiry into the illegal detention and torture of the activist and it was also pleaded that Shiv Kumar be medically examined.
Needful to mention that the notice of motion was issued on 19th February 2021 and the Hon’ble Court had also passed the order for the medical examination of Shiv Kumar. On 24th February 2021, a report dated 22nd February 2021 was presented before the Hon’ble Court along with the reply by way of an affidavit of Superintendent, District Jail, Sonipat.
Subsequently, the State Government submitted that the investigation of the FIRs had been handed over to the Special Investigation Team (hereinafter referred to as “SIT”).
The Hon’ble Court’s also made innumerable observations Without making any comment on the comparison of two sets of medical reports, for the fact that it would affect any further proceedings or inquiry, the Hon’ble Court observed that an investigation is required.
However, the Hon’ble Court also mentioned, “Part-III of Constitution of India, deals with Fundamental Rights. Article 21 guarantees protection to life and personal liberty. Life and liberty of no person can be deprived except as per the procedure established by law. In a democratic setup, there cannot be even a thought for compromising the life and liberty of the citizen.”
Against the backdrop, after taking into consideration the facts and circumstances in entirety, the Hon’ble Court directed the Hon’ble District and Sessions Judge to investigate concerning the allegations of illegal detention and custodial torture of Shiv Kumar. In the time being, SIT has been given the liberty to continue with the investigation but has been asked to not submit its final report without seeking permission from the Hon’ble Court.
The matter has been posted for further hearing on 11th May 2021, for submission of the status report.
Case: Rajbir vs. the State Of Haryana And Others