Noida protest: SC cautions UP police amid custodial torture claims

The Supreme Court ordered the continued judicial custody of two accused in the Noida protest case and cautioned UP Police against mistreatment. The accused alleged custodial torture, which the court stated it would examine at a later stage.

The Supreme Court on Tuesday directed that the judicial custody of two key accused in the Noida Phase-2 workers' protest case continue and cautioned the Uttar Pradesh Police against mistreating them amid allegations of custodial torture.

"We direct that the judicial custody of these accused shall continue. The case will take its own course. Pendency of this writ petition (pertaining to custodial torture) will not affect the case for either party. Let the law take its course", the court said.

SC Bench Interacts Directly with Accused

A bench of Justice B V Nagarathna and Justice Ujjal Bhuyan was hearing a plea filed by Keshav Anand alleging that his brother Aditya Anand and co-accused Rupesh Roy were subjected to custodial torture after being arrested for allegedly orchestrating violence during the mid-April workers' protest in Noida Phase-2.

Earlier, on May 15, the Court had directed the Uttar Pradesh Police to produce both accused before it in person. During the hearing, the Bench interacted directly with the accused persons and questioned them about their treatment in custody and the circumstances surrounding the violence.

"Ye violence kaise hua?" the Bench asked. The Court also asked the accused about their whereabouts during the incident and whether they were facing any problems in jail. "Aap kabse hain jail mein?" the Bench asked. One of the accused replied, "April 29." "Jail mein koi dikkat hai aapko?" the Court further asked. "Jail mein nahi, pehle hume maara gaya tha", the accused responded, while alleging torture during police custody.

"PCR mein hume blindfolds ke saath le jaya jaata hai. Hume terrorist ki tarah treat kiya gaya," the accused told the Court. The accused further alleged that they were forcibly dragged out of a PCR van and assaulted. "Sunsaan jagah pe jabardasti gaadi se nikala gaya tha aur maara gaya tha," one of them submitted before the Bench.

After hearing the accused persons, the Court verbally told the UP police not to mistreat the accused workers, "Don't treat the workers like that. They are labour activists. Instruct the officers", Justice Bhuyan said to the counsel representing the UP government.

Plea for CBI Probe into Torture Allegations

Senior Advocate Colin Gonsalves, appearing for the petitioners, sought an impartial probe by the CBI into the allegations of custodial torture and alleged fake recoveries by the police. "If I show you their torture... There are many instances. It's extensive," Gonsalves submitted.

"I have applied for bail. Haryana Police want to take us immediately," he added. Seeking a court-monitored probe, Gonsalves submitted, "I'm asking for CBI to look into the allegations."

He further alleged high-handedness by the Uttar Pradesh Police and said several advocates were also detained and beaten. "Six advocates were taken into custody and beaten. High-handedness of the UP Police. It's never seen anywhere," he submitted.

Referring to the allegations of fabricated evidence, counsel submitted that the accused persons were asked to pick up objects intended to be collected as evidence off the ground while being videotaped. "They tell me to pick up things. It's a bottle of kerosene. They videotape me as I'm walking and protesting", Gonsalves submitted

Bench's Focus on Accused's Immediate Well-being

The Bench, however, observed that at the present stage it was primarily concerned with the physical condition and safety of the accused persons. The Bench clarified that the purpose of directing their personal appearance was to assess their physical condition.

"Immediately, what we wanted to know was their physical condition. Whether they are able to travel from jail to Court", the Court remarked.

"We are satisfied with their presence here. Now, at this stage, you have not asked for any such prayer. Let them do their investigation," the Bench said. The Court added that it will examine the allegations of custodial torture at a later stage.

During the hearing, the Court was informed that Aditya Anand is a B.Tech graduate, while co-accused Rupesh Roy is an auto-rickshaw driver. The Court was informed that both accused persons were presently safe in judicial custody, though the allegations pertained to their treatment during police custody.

After hearing submissions, the Court ordered the judicial custody of the accused persons to continue.

Separate Plea by Journalist Heard

Subsequently, the Court continued hearing another plea filed by a separate accused in the matter, a journalist who alleges that he has been detained under the NSA (National Security Act) and booked in multiple FIRs in connection with the Noida protests case. His counsel challenged the detention order before the Supreme Court. The Court has issued notice to the Uttar Pradesh government seeking its response to his plea.

Appearing for the accused journalist, his counsel submitted that the police had accused him of provoking unrest through his ideology. He argued that while there may be a presumption of violence having been committed by the workers, no such allegation could be attributed to his client.

During the hearing, the Court observed that the protest was intended to be peaceful but eventually turned violent.

The Court has tagged the plea to be heard along with the pleas filed by the other two accused in the case, who have alleged custodial torture. (ANI)

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)