Human rights lawyer Ajay Kumar, known for his advocacy work and involvement with incarcerated activists like Prof. G.N. Saibaba, was arrested following a raid on his residence in Chandigarh. The raid was conducted by 15-20 personnel from the National Investigation Agency (NIA), some in civilian clothes, without any search memo or FIR listing Kumar’s name. The search lasted from 3:40 a.m. to 12:40 p.m., during which a hard disc, mobile phones, and documents were seized.

Kumar, who practices in the Punjab and Haryana High Court, was summoned to the NIA office for questioning. He was interrogated until 4:00 a.m. the following day, during which his wife Aarti, also an advocate, received his arrest memo. Despite repeated threats by officials, Kumar refused to name other activists. He was subsequently arrested and transferred to Lucknow Jail.

Kumar faces charges under FIR RC-01/2023/NIA-LKW, including Section 120B (criminal conspiracy), 121A (waging war against the government) of the IPC, and multiple sections of the Unlawful Activities Prevention Act (UAPA). The FIR alleges Kumar’s involvement with CPI (Maoist), a banned organization attempting to re-establish its influence in northern India.

Human rights groups, including the Human Rights Defenders Alert (HRDA), have condemned the arrest as a violation of Kumar’s fundamental rights. They argue that Kumar is being targeted for his peaceful human rights work and dissent, and the arrest is an attempt to intimidate and silence him.

We appeal to NHRC-

• To direct the Director General of Investigation of the NHRC to initiate a transparent, independent inquiry in the raid and arbitrary arrest of HRD Ajay Kumar and submit the report to NHRC within two weeks.
• Direct the concerned officials to submit to the NHRC in writing within 24 hours grounds for arresting Mr. Ajay Kumar.
• Order that the charges against Adv Ajay Kumar are dropped and he is immediately and unconditionally released;
• Ensure in all circumstances that human rights defenders and those who participated in the peaceful protests are not intimidated by any legal action, and;
• Guarantee in all circumstances the physical and psychological integrity of the activist and his family members from any further reprisals from the perpetrators and using all provisions of law to ensure that they not harassed or intimidated in future.