Activist Nodeep Kaur's Alleged 'Illegal Confinement': Punjab & Haryana High Court Takes Suo Moto Cognizance

The Punjab & Haryana High Court on Friday (12th February) took suo motu cognizance of the alleged illegal confinement of 23-year-old labour activist Nodeep Kaur (a member of the Mazdoor Adhikar Sangathan) by Haryana police. The Bench of Justice Arun Kumar Tyagi, in its order, noted that complaints dated 06th February 2021 and 08th February 2021 have been received through e-mail regarding illegal confinement of Nodeep Kaur, Dalit Labour Activist by the Haryana Police. Significantly, under the orders of Justice Jaswant Singh, such complaints were treated as Criminal Writ Petition and the matter was ordered to be listed on the judicial side. Issuing notice of motion to the State of Haryana, the Court posted the matter for further hearing on Wednesday (24th February 2021.) 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, her Bail plea of was dismissed by a local court on 02nd February. 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 has 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. As reported by Scroll, Kaur was granted bail (on 11th February) in connection with an extortion case, however, Kaur, will remain in prison for two more cases against her in connection with 12th January incident. Significantly, the arrest and the alleged torture of Kaur sparked social media debate and gained attention last week after Meena Harris, the niece of United States Vice President Kamala Harris, tweeted about her. "Weird to see a photo of yourself burned by an extremist mob but imagine what they would do if we lived in India," Meena Harris tweeted.Weird to see a photo of yourself burned by an extremist mob but imagine what they would do if we lived in India. I'll tell you—23 yo labor rights activist Nodeep Kaur was arrested, tortured & sexually assaulted in police custody. She's been detained without bail for over 20 days. pic.twitter.com/Ypt2h1hWJz— Meena Harris (@meenaharris) February 5, 2021 "I'll tell you—23 year labor rights activist Nodeep Kaur was arrested, tortured and sexually assaulted in police custody. She's been detained without bail for over 20 days." Case title - Court On Its Own Motion v. State [CRWP-1493-2021]Click Here To Download OrderRead Order

Activist Nodeep Kaur's Alleged 'Illegal Confinement': Punjab & Haryana High Court Takes Suo Moto Cognizance

Sparsh Upadhyay

The Bench of Justice Arun Kumar Tyagi, in its order, noted that complaints dated 06th February 2021 and 08th February 2021 have been received through e-mail regarding the illegal confinement of Nodeep Kaur, Dalit Labour Activist by the Haryana Police.

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