The Supreme Court on Tuesday ordered that two men arrested in connection with the Noida protest workers case should continue to remain in judicial custody for now, after a family member alleged that they were tortured by the Uttar Pradesh police in jail [Keshaw Anand v State of Uttar Pradesh].
A Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan passed the order after interacting with the accused, Aditya Anand and Rupesh Roy, who were produced before the court pursuant to its earlier direction.
The Court also directed the accused to cooperate with the investigation.
“We have heard senior counsel for the parties. Pending further consideration of the matter, we direct the judicial custody of the two persons, Aditya Anand and Rupesh Roy, to continue,” the Court said.
The Court was hearing a plea filed by Aditya Anand's brother, Keshav Anand. The plea alleges that Aditya Anand was subjected to custodial violence by the Uttar Pradesh Police following his arrest in the case, which involves allegations that he incited protests by industrial workers in Noida last month.
The case arises from protests by factory workers in parts of Noida over demands for higher wages. The protests allegedly turned violent, and some protesters were accused of vandalising property, pelting stones and setting a vehicle on fire.
Aditya Anand, a software engineer, and Rupesh Roy, an auto-rickshaw driver, are among the accused in the case.
During today's hearing, Senior Advocate Colin Gonsalves appeared for the petitioner and argued that the accused had been subjected to custodial torture and should therefore not be kept in police custody.
He urged the Court to ensure that they remain in judicial custody and sought an independent investigation into the allegations.
“We want them to be in judicial custody. The moment they went into police custody, things changed. I want an independent investigation. They took me out at midnight and took me to the bushes. They videotaped me. I’m protesting … It is a very high-handed thing. When the advocates went, six advocates were caught by their necks. This is what happened in UP police custody,” Gonsalves submitted.
The Court thereafter interacted with the petitioners, Anand and Roy, who were produced before it.
Both informed the Court about the alleged torture and illegal treatment they were subjected to during police custody. The Court remarked that the accused should not be treated in such a manner.
In response, Additional Solicitor General (ASG) KM Nataraj, appearing for the State of Uttar Pradesh, submitted that everyone must be treated with dignity.
After hearing the parties and interacting with the accused, the Court said that it was satisfied with their presence and directed that their judicial custody should continue.
“We are satisfied with the presence of the accused persons. We will keep this matter pending. Let the judicial custody continue,”the Court said.
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