The Punjab & Haryana High Court directed the District and Sessions Judge of Faridabad to conduct an inquiry with regard to the said allegations levied by father of Shiv Kumar, labour activist.
The bench also directed the associated authorities to cooperate with the Sessions Judge and submit the report at the earliest.
In the instant case, the labour activist and Nodeep Kaur had been arrested after their protest against the alleged harassment of factory workers who had been working in the industrial area in Sonipat.
The charges levied against them included attempt to murder, theft and extortion. Both had been granted bail on different dates, and Nodeep Kaur had claimed in her bail plea that she had been subjected to custodial torture because of which she suffered injuries.
The father of labour activist approached HC under Section 482 of CrPC and sought for issuance of directions to transfer the investigation of all three FIRs to an independent agency. He also sought for a direction for an independent inquiry into the custodial torture of his son and prayed that he should be medically examined.
The counsel appearing for petitioner stated that a comparison of initial MLR report and the subsequent one had been a proof of the same. Thus, the counsel requested for an independent inquiry and stay of ongoing investigation.
The opposite party i.e. the State Government submitted that the investigation of FIRs had been handed over to SIT. The bench noted that it had no doubt on the investigation conducted by the SIT and asked it to not submit the report without taking the permission of court.
With regard to the inquiry, the bench directed the District and Sessions Judge of Faridabad to hold an inquiry and submit it by May 11, 2021, which the date on which next hearing had been listed.
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