Chandigarh, March 16
The Punjab and Haryana High Court today directed the Faridabad District and Sessions Judge to hold an inquiry into the allegations of illegal detention and custodial torture of labour activist Shiv Kumar, who was arrested along with Nodeep Kaur.
“In a democratic set-up, there cannot be even a thought on compromising the life and liberty of a citizen,” Justice Avneesh Jhingan asserted after taking on record four medical reports submitted by the state.
The direction and observation came after senior advocate RS Cheema and Arshdeep Singh Cheema contended on the petitioner’s behalf that the comparison of the initial MLR and the subsequent MLR dated February 22 spoke for itself. The subsequent report was submitted to the court after it directed the Medical Superintendent of Government Medical College and Hospital, Sector 32, Chandigarh, to get Shiv Kumar medically examined.
Cheema also requested the ordering of an inquiry and staying the investigation in the cases against Shiv Kumar.
Justice Jhingan refused to comment on the comparison of the two sets of medical reports lest it affected further proceedings or inquiry, but added it would be suffice for the court to say that a probe was required.
Justice Jhingan added Part-III of Constitution deal with the Fundamental Rights. Article 21 guaranteed protection to life and personal liberty, which could not be deprived except as per the procedure established by law.
Justice Jhingan added that there was nothing before the court to doubt the investigation being carried out by a Special Investigation Team. But there could be an occasion that the conclusion arrived at by the SIT, and inquiry report with regard to two sets of medical reports, may cast shadow on each other. Justice Jhingan said: “In the meantime, SIT may continue with the investigation, but shall not submit its final report without seeking permission from this court.”
The case will now come up on May 11 for the submission of the status report. — TNS
from The Tribune https://ift.tt/38Lg9Uo
No comments:
Post a Comment