"She Has Been Granted Bail, Can Avail Other Remedies": P&H HC Closes Suo Moto Matter On Nodeep Kaur's Alleged Illegal Detention

Noting that since Nodeep Kaur has been released on bail, the issue related to her alleged illegal detention could be raised before the appropriate forum, the Punjab & Haryana High Court on Thursday (22nd April) closed the Suo Moto matter. The Bench of Justice Avneesh Jhingan was hearing suo motu cognizance matter related to the alleged illegal confinement of 23-year-old labour activist Nodeep Kaur (a member of the Mazdoor Adhikar Sangathan) by Haryana police. The Punjab and Haryana High Court had on 26th February granted Bail To Dalit Labour Activist Nodeep Kaur in the third FIR Registered against her. The Court, in its order, noted, "The allegations with regard to illegal detention is no longer required to be gone into in view of the fact that there is an FIR No.25 dated 12.1.2021 registered against the detenue and she has been released on bail. The said issue if the need so arises can be raised before the appropriate forum. There are allegations with regard to maltreatment or torture during police custody." The State had filed the status report annexing the medical report and the Senior Counsel Mr. R.S. Cheema, appearing for her sought liberty to avail remedy in accordance with law for redressal of grievance with regard to maltreatment and custodial torture and the Court granted the liberty as prayed for. About Nodeep Kaur As stated, Nodeep Kaur is a member of the Mazdoor Adhikar Sangathan and was arrested on 12th January when she participated in a protest held by unpaid labourers near the Singhu border between Haryana and Delhi and she remains in custody to date (in Haryana's Karnal jail). Arrested by the Sonipat Police on January 12 on charges of attempt to murder, rioting, and assault to deter a public servant from discharge of his duty under the Indian Penal Code, among others. As reported by The Hindu, the Sonipat Police issued a statement that a police team had gone to Kundli Industrial Area the day after they received information about the alleged manhandling of management and staff of an industrial unit, and attempts to extort money from them. According to police, Ms. Nodeep and her associates attacked the police with sticks, causing injuries to seven personnel. Following the incident, she was arrested, but her associates managed to escape. Responding to allegations of torture, the police had said, "She did not raise the issue of assault by police officers either before the Medical Officer or the Chief Judicial Magistrate." "Thus, the allegations put forward by the accused or her lawyer seems to be an afterthought and the Police Department clearly negates the said allegation," said the statement. Significantly, the arrest and the alleged torture of Kaur sparked social media debate and gained attention after Meena Harris, the niece of United States Vice President Kamala Harris, tweeted about her. Importantly, submitting that she has been targeted and falsely implicated in the matter as she was successful in generating massive support in favour of the Farmers' movement, Dalit Labour Activist Nodeep Kaur had claimed in her Bail plea (filed before the Punjab & Haryana High Court) that she was beaten, tortured and suffered multiple injuries. "Beaten Black And Blue By Police Officials", Dalit Labour Activist Nodeep Kaur Submits In Her Bail Plea, P&H HC To Hear Plea Tomorrow In her bail plea, she had claimed that after arresting her, the Police Officials took her to the Police Station "in absence of any woman police official" and was "beaten black and blue by the police officials." Significantly, the National Human Rights Commission (NHRC) had asked the Haryana Police for a report on a complaint that labour activist Nodeep Kaur.Click here To Download Case OrderRead Order

"She Has Been Granted Bail, Can Avail Other Remedies": P&H HC Closes Suo Moto Matter On Nodeep Kaur's Alleged Illegal Detention

Sparsh Upadhyay

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