A REPORT by the Government Medical College and Hospital (GMCH), Chandigarh, submitted to the Punjab and Haryana High Court on Wednesday, has said that a medical examination of Mazdoor Adhikar Sangathan president Shiv Kumar (24) showed multiple injuries, including at least two fractures on his left hand and right foot, “caused by blunt object/ weapon”. The injuries are “more than two weeks old”, says the report.
Kumar was arrested on January 16, four days after co-accused Nodeep Kaur was picked up. On February 19, the court had directed the SP, Sonipat Jail, to get Kumar examined at GMCH, after his father, Rajbir, told the court that Kumar had been subjected to “police torture”.
Both the Haryana DGP, Manoj Yadava, and Sonipat SP, Jashandeep Singh Randhawa, did not respond to text messages sent by The Indian Express on the allegations of torture.
The GMCH report says Kumar (23) has “right foot swelling…swelling and tenderness of left foot…nail beds of right second and third toe are broken and underlying skin is reddish in colour and showing healing changes… left big toe shows blackish discoloration… nails of left thumb and index finger shows bluish black discoloration with tenderness… tenderness over right wrist…”
“There is fracture of distal phalanx of the second digit of left hand… fracture of base of 5th metatarsal bone of right foot…possible fracture/ sesamoid bone at left navicular bone… possibly fracture of the right ulna bone (right wrist),” it says.
Quoting Kumar, the report says he has alleged that on January 16, after his arrest, he was “taken to old Kacheri, Sonepat, where the C.I. staff assaulted him”. Kumar has said that “there were about seven people”.
In its case history, the report says Kumar alleged that “the police tied both his feet, lay him on the ground, and hit him on the soles. His second, third and fifth toe nails of the right foot were torn and the nail of the big toe of his left foot became blue. They also hit him on the buttocks with flat sticks, then they tied his hands and stretched his legs. He was made to lie on the ground with both legs straight and a metal pipe was placed on his thigh and rolled over the thighs by two people. They also hit him on both hands and palms and on the back of his head.”
It says Kumar alleged that he was “also not allowed to sleep for three days. The C.I staff took his statement and asked him to give names, and, when he could not do so, they tied him to a chair and poured water on his head.”
“They presented him before the court on January 24 and took 10 days’ remand. So, he was in police remand from January 16 to February 2, 2021, and in jail in Sonepat from February 2, 2021, onwards,” says the report.
The report says Kumar has alleged that “he was mentally and physically abused in police remand and they also poured hot water on his feet and any blisters that formed were burst by them. On January 29, 2021, they allegedly took him to Haridwar, but kept him in Sambalka police station, and reached Haridwar on January 30. On February 2, they took him to court but got date for VC (video conference) on February 8”.
The team of GMCH doctors who examined Kumar included those from the orthopaedic, psychiatry, general surgery, radio diagnosis, forensic medicine and toxicology departments.
The psychiatric evaluation report says: “He appeared sad and distressed, with occasional crying spells. He expressed preoccupation with his current situation, reported predominant anxiety symptoms, flashbacks of brutality meted out to him, nightmares, feelings of loneliness, uncertainty about future and sleep disturbances.”
The High Court on Wednesday sought Kumar’s previous medical records, and fixed the next hearing for March 16.
An affidavit filed by Superintendent Jail, District Jail, Sonipat, on Wednesday confirmed that Kumar had been examined by the GMCH team, and the “opinion of medico-legal examination” had been submitted by the jail authorities to the court.
Both Kumar and Kaur have been accused of trying to extort factory owners in Kundli and assaulting police personnel. Their supporters have said that as part of the Mazdoor Adhikar Sangathan, the duo fought for workers who were not paid their wages.