Noida: Supreme Court on Monday postponed to Tuesday the hearing of a petition alleging custodial torture of Aditya Anand and Rupesh Roy, arrested by state police in the Noida labourer protest case.The division bench of justices BV Nagarathna and Ujjal Bhuyan, which had on Friday ordered the physical production of both accused after hearing allegations of torture, clarified that it was not willing to accept a video conference appearance despite the state counsel’s offer to do so.The bench adjourned the matter to Tuesday to allow the state police to make necessary arrangements for their physical production in court.Petitioner Keshaw Anand, Aditya’s brother, told TOI that the case concerns physical torture in police custody and violations of legal procedure during arrest. “In such cases, virtual production is not going to serve the purpose, so the court postponed the matter and directed the state to produce them in person,” he said.Appearing for the petitioner, senior counsel Colin Gonsalves also flagged during the hearing that advocates representing the two accused were being heckled and physically obstructed by state police.Meanwhile, the sessions court in Surajpur heard bail applications filed by Aakriti, another co-accused in the case, adjourning one to Tuesday and the other to May 22. Her counsel Rajnish Yadav said the prosecution had failed to produce evidence to support the charges against her under various sections of Bharatiya Nyaya Sanhita and was seeking time. Aakriti has also been named in a fresh FIR — case crime No. 169 at Phase II police station, registered on April 23 — in which police have applied for a B Warrant to take her into custody remand for questioning.During Friday’s hearing, Gonsalves told the court that Anand, an engineer, had addressed workers on April 13 only to explain their rights and urge restraint. He sought an independent inquiry into the allegations.“There are three videos of Aditya’s speech where he is appealing to workers to keep the protest peaceful,” he said, adding that the agitation was centred on the demand for minimum wages.The bench observed that demanding minimum wages was “a fundamental right” of the labourers.The govt counsel, however, argued that the protest turned violent after some activists incited the crowd, leading to arson and damage to public property. He also argued that the accused were influenced by “Leftist ideology”.The judges then made it clear that holding or following “Leftist ideology” was not a crime in India.The govt further rejected the allegation that arrest procedures had been flouted. Its counsel told the court that the grounds of arrest had been supplied, intimation of arrest had been given and transit remand obtained. He also denied the torture charge, saying the medico-legal certificates recorded no visible injuries.Gonsalves, however, said Anand was being “treated like a terrorist” despite supporting “the lawful demands of workers”. He told the court that Anand also runs a library for underprivileged children in Greater Noida.In a statement issued after the hearing, the Campaign for Release of Workers and Activists of Noida (CaRWAN) said it hoped the apex court’s intervention would ensure justice for those arrested by UP Police.
