Fractures, Broken Nails, More Injuries: Shiv Kumar’s Medical Probe

The report notes that all injuries are more than two-weeks-old and were caused by a blunt object or a weapon.

(Image: The Quint)

Grotesque details of brutality emerge from the medical examination carried out by a team of doctors on arrested Mazdoor Adhikar Sangathan president Shiv Kumar.

The report that was submitted by Punjab’s Government Medical College and Hospital (GMCH) to the Punjab and Haryana High Court on Wednesday, 24 February, reveals that Kumar was subjected to multiple injuries, including at least two fractures.

Further, the report suggests that Kumar has swollen feet, broken nail beds, discolouration, post-traumatic stress disorder-like symptoms and more possible fractures. It says that he suffered from both ‘simple’, as well as ‘grievous’ injuries and those that “cannot be commented upon, as regards their nature because of possibility of a sesmoid bonel fracture.”

The report notes that all injuries are more than two-weeks-old and were caused by a blunt object/weapon.

Shiv Kumar, 24, was arrested by the Haryana Police on 16 January, four days after the arrest of activist Nodeep Kaur, on charges of “extorting and attacking factory owners.”  

Shiv Kumar’s father, Rajbir, a landless labourer from Haryana’s Devru, had filed a petition in the Punjab and Haryana High Court, alleging that his son was beaten up in police custody.

Medical Examination Report

The medical examination report was ordered by the Punjab and Haryana High Court on 19 February.

The examination, thereafter, was carried out by doctors from orthopaedic, psychiatry, general surgery, radio diagnosis, forensic medicine and toxicology departments of the Government Medical College and Hospital (GMCH), Chandigarh.

PHYSICAL EXAMINATION

Kumar’s medical examination also suggests the following:

• Swelling of right foot
• 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
• Blackish discolouration seen on the left big toe
• Bluish-black discolouration with tenderness seen on the nails of left thumb and index finger
• Tenderness over right wrist

Further, the report says:

“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).”

PSYCHIATRIC EVALUATION

Kumar’s psychiatric evaluation, carried out on 20 February, notes that his appetite is normal and that he denies delusions, hallucination, ideas/plans of self-harm. But it also 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.”   

Further, the report reads that the evaluation is suggestive of “post-traumatic stress disorder-like symptoms.”

ALLEGED HISTORY

Kumar, also as part of patient’s alleged history, shared with the medical examiners how the arrest was carried out and what was allegedly carried out thereafter. The report reads:

“They 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 the 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”

As per the report, Kumar was not allowed to sleep for three days.

“The Cl 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 to his head,” the report reads, citing Kumar’s alleged history.

Further, pointing out that he was presented to the court on 24 January and remanded for 10 days, the report says:

“So, he was in police remand from 16 Jan to 2 February, and in jail in Sonepat from 2 February onwards. He was mentally and physically abused in the police remand and they also poured hot water on his feet and any blisters that formed were burst by them.”   

Additional Details

Shiv Kumar’s friends and family claim that he was illegally detained by the Haryana Police and presented before the magistrate after seven days and tortured while in detention.

Shiv Kumar and Nodeep Kaur’s supporters, as per The Indian Express, fought for workers who were not given their wages.

The Indian Express report, further, said that the high court has asked for Kumar’s previous medical records, too, and fixed the next hearing for 16 March.