Labour rights activist Shiv Kumar released from jail

Labour rights activist Shiv Kumar was on Thursday released from Sonipat jail after a sessions court granted him bail in an attempt to murder case. He was earlier granted bail in two more cases on Wednesday. Apart from 10-day police custody, Shiv Kumar remained in judicial custody for 31 days. Shiv Kumar walked out of jail a week after his fellow activist Nodeep Kaur was released from Karnal jail following the orders of Punjab and Haryana High Court.

Shiv Kumar was arrested on January 23 after being booked on the charges of “extortion and attempt to murder” in connection with a dispute related to factory workers on January 12 and was in the judicial custody since February 2. Several protests were held demanding his release terming his arrest an attempt to “supress the voice of workers and farmers”.

As Shiv Kumar walked out of jail, his supporters beat dhols and raised slogans of “Inquilab Zindabad” and “Sathi Shiv Kumar’s Sanghrash Zindabad”. However, Shiv Kumar parried away all the queries from the media and said, “Right now, I am feeling under pressure. I am not feeling well. I will address a press conference tomorrow.”

His associates said they will take him to a hospital in Chandigarh alleging he was tortured in the police custody. Delhi Gurdwara Committee president Manjinder Singh Sirsa, who was present when Shiv Kumar was released, said the activist’s medical examination was conducted one-and-a-half months after he received injuries. “That medical examination was also conducted following the orders of Punjab and Haryana High Court,” Sirsa said. Shiv Kumar said he was not assaulted in the jail.

Earlier in the day while granting bail to Shiv Kumar, Sonipat Sessions Judge YS Rathor said, “Co-accused Nodeep Kaur, whose case is identical to that of applicant, has been released on bail by the Hon’ble High Court… In these circumstances, applicant is thus entitled to be released on bail on the ground of parity.” The accused has been asked that “he shall not leave India without prior permission of the court” adding “he shall not directly or indirectly, may any inducement, threat, or promise to any person acquitted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.”

Shiv Kumar’s lawyer Jatinder Kumar said the court has granted him bail in all three FIRs lodged against him at Sonipat’s Kundli Police Station.

According to lawyer, Shiv Kumar is an office-bearer of Majdoor Adhikar Sangthan. “Some workers had approached him to tell that the factory owners were not giving their salary. On this, written memorandums were submitted to the factory owners. Due to this, the factory owners along with the officials of Kundli police station gave severe beatings to Shiv Kumar,” mentioned the bail application filed on the behalf of the accused alleging “the police picked him when he was going to his home, was detained in custody illegally for approximately ten days and gave merciless beatings”. Quoting a report of the doctors of Chandigarh’s Government Medical College and Hospital, the bail application mentioned that “eight injuries including two fractures and two grievous injuries” were found on his body.

On the other hand, while referring to the incident of January 12, Kundli Police Station SHO Ravi Kumar claimed they had received a telephonic call that few persons were trying to forcibly enter in a factory for extortion while armed with lathis and dandas. “…there he (SHO) saw that 2/3 girls and 50-60 persons armed with lathis and dandas were raising slogans. He tried to pacify them but a girl leading the crowd said that he is the same SHO who had earlier registered case against them and today they will teach them a lesson and kill them. Thereafter, they launched an attack upon them and caused injuries to police officials with lathis on their forehead and other parts of the body. One of the assailants tried to snatch carbine from gunman and one case file was also snatched from the police official which contained public documents,” the prosecution told the court.

However, Shiv Kumar claimed that he was not present at the spot on the particular time on January 12 alleging “he was forcibly lifted by the police along with goondas of factory owners, was illegally detained, gave merciless beatings, caused fractures and grievous injuries”.

Denying the allegations of torture, a senior police officer, who did wish to be quoted as the matter is sub-judice, said, “No violence was used on Shiv Kumar during the police custody. During the period of his 10-day custody, he was taken for medical examination on four occasions and different doctors examined him. Neither he complained of any injury or torture nor the doctors found any sign of injuries. He was also examined by the jail doctor when he was taken to the jail.”