Noida workers protest: Supreme Court tells UP police to produce accused in court amid allegations of custodial torture

The Supreme Court on Friday ordered the Uttar Pradesh government to produce before court two men arrested in connection with the Noida protest workers case, after a family member alleged that they were tortured in jail [Keshaw Anand v State of Uttar Pradesh].

A Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan has ordered the production of Aditya Anand and Rupesh Roy before the Court on May 18 at 2 PM.

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. An engineer named Aditya Anand was among the accused in the case.

Senior Advocate Colin Gonsalves appeared for his brother, Keshav Anand, before the Court today. Gonsalves told the Court that Aditya was an engineer working in a factory, who also ran a library for children. He added that Aditya's speeches at the protests were centred on workers’ rights and that recordings were available to support this claim.

Gonsalves sought an independent probe into the matter.

“Now things have got a little bit out of hand. He works in company. When he started (his speeches), he addressed the workers. He gave nice speeches about workers right. My prayer is for independent investigation,” he submitted.

He also alleged that lawyers appearing for Aditya Anand were being physically obstructed.

"When the lawyers go to court to represent him, they are caught by the neck," said Gonsalves.

“Why lawyers are caught like this?” asked Justice Bhuyan

Gonsalves replied that he did not know of the reasons behind such obstruction.

The Uttar Pradesh government's counsel denied the allegations of custodial torture and maintained that due process had been followed.

The State also denied allegations that the grounds of arrest had not been provided when Aditya Anand was arrested. All procedural safeguards had been complied with, the State's counsel maintained.

“They have made three averments that grounds of arrest was not not provided. Second was no intimation of arrest. Third- there was no transit remand. All of this was done,” the lawyer said.

The matter will heard next on May 18.

During the hearing, the arrest of journalist Satyam Verma in the same case was also briefly discussed. His counsel argued that the FIRs registered in the case were selective. She also questioned the invocation of the National Security Act (NSA) against Verma.

She added that a habeas corpus petition has been filed before the Allahabad High Court in relation to the matter. The Bench indicated that it would examine her grievance once she has filed a petition before the Supreme Court.

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