The Supreme Court has ruled that the judicial custody of two individuals involved in the Noida Phase-2 workers’ protest case will remain in effect. This directive comes amid ongoing allegations of custodial torture from the accused, prompting the Court to ensure that their treatment by law enforcement adheres to legal standards. Justice B V Nagarathna and Justice Ujjal Bhuyan addressed the case during a hearing concerning a petition filed by Keshav Anand, who claims that his brother and another co-accused suffered from mistreatment while in police custody.

In its statement, the Court stipulated that the progress of the case shall be independent of the pending writ petition relating to the allegations of torture. The prudent approach, as advocated by the Court, is to allow the legal processes to unfold without interference from personal claims of mistreatment.

Allegations of Mistreatment and Torture

During the proceedings, the Supreme Court required the presence of the two accused, Aditya Anand and Rupesh Roy, in person to assess their physical well-being. The bench took direct testimony from the accused, inquiring about their treatment while in custody. The interaction revealed significant concerns regarding their safety, as the accused reported being subjected to violence during their initial arrest.

Specifically, one of the accused alleged that they were treated like terrorists, being blindfolded and transported in a police van under inhumane conditions. They recounted instances of being forcibly dragged from a vehicle, leading to physical assaults during their confinement. The gravity of these allegations led the Court to issue a warning to the Uttar Pradesh Police, urging them not to mistreat these individuals, acknowledging them as labour activists deserving of fair treatment.

In the context of these allegations, Senior Advocate Colin Gonsalves, representing the petitioners, requested a thorough investigation by the Central Bureau of Investigation (CBI) into claims of torture and fabrication of evidence. He highlighted various instances of alleged police misconduct and stressed the need for impartial scrutiny of the events surrounding the protests.

Ongoing Legal Proceedings

The Supreme Court has mandated that the judicial custody of the accused will persist as investigations continue. Additionally, the Court has been made aware of another case involving a journalist detained under the National Security Act (NSA) in connection with the protests. His legal counsel has challenged the validity of his detention, asserting that the accusations of instigating unrest cannot be substantiated as they relate to his work as a journalist.

During the hearing, the Court noted the peaceful nature that the protest initially aimed to maintain, acknowledging the subsequent turn to violence. The plea from the journalist has been consolidated with those of the other accused, allowing the allegations of custodial torture to be examined concurrently. The Court’s deliberations indicate an intention to not only address the allegations but to understand the broader context of the unrest in Noida.

As investigations unfold, the Supreme Court has expressed a commitment to ensuring the safety and rights of the accused are upheld within the legal framework. The ongoing hearings will continue to scrutinise both the treatment of the individuals in custody and the accountability of law enforcement agencies involved in the case.

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