Noida Lawyers Allege Procedural Violations in Activists' Arrests, Bail Process Stalled
In a significant development, lawyers representing three labour activists detained by Noida police in connection with the April 13 industrial workers' protest have raised serious concerns over procedural lapses. On Wednesday, the legal team stated they were unable to file bail applications in court due to the non-receipt of crucial documents, including copies of the arrest memo and remand application submitted by the police.
Legal Challenges and Allegations of Illegal Arrests
Advocates Kabir and Manik Gupta, who are counsel for Aditya Anand—identified by police as the main conspirator—along with Satyam Verma and Himanshu Thakur, have strongly objected to the arrests. They argue that the detentions were carried out without adhering to due legal process. "The arrests are illegal because they were carried out without following due procedure under law. Unless the grounds of arrest are disclosed and our client is served with an arrest memo, the arrests cannot be called legal," emphasized Kabir.
The accused are currently in judicial custody, with a police request for remand scheduled for a hearing on Thursday. This situation has sparked a broader legal battle, highlighting issues in the handling of the case.
Broader Context of the Protests and FIRs
The arrests stem from the April 13 protest in Noida, which witnessed large-scale vandalism. So far, nine FIRs related to the protests have been registered at five police stations in the city, naming a total of 203 individuals. Notably, Sector 63 and Phase 2 police stations have each registered three FIRs. The cases involve charges under various sections of the Bharatiya Nyaya Sanhita (BNS), Section 7 of the Criminal Law Amendment Act, and Section 3/4 of the Prevention of Damage to Public Property Act.
Among the 43 individuals named in one FIR at Phase 2 police station, only two have applied for bail so far. These include Aakriti and Srishti, both Delhi University students, who were arrested on April 11 along with Rupesh Roy and Manisha following a preceding protest by industrial workers on April 10. Additionally, four persons not named in the FIRs—Ankesh Rawal, Rudra Pratap, Prabal Pratap, and Shobhit—have filed bail applications. The FIRs also list 'unknown' persons, allowing police to include more names as the investigation progresses.
Defence Struggles and Health Concerns
Rajnish Yadav, the lawyer representing Aakriti, mentioned that her bail application is set to be heard on Thursday by the special judge of the SC/ST court. He noted, "Police may file for their remand as the gadgets confiscated from them are in the police station." Yadav echoed the sentiments of other defence counsel, stating that assembling a legal defence has been challenging due to the absence of basic documents. "We ran from pillar to post to get a copy of the remand application, and many people arrested are from other states who do not have a bailer here. They have not got an arrest memo," he explained.
Advocate Kabir further highlighted violations under the IT Act, pointing out that police failed to generate hash values for seized digital devices, which are essential for authenticating electronic records and ensuring data integrity.
Profiles of the Accused and Personal Stories
The accused individuals come from diverse backgrounds, adding a human dimension to the legal proceedings. Satyam Verma (62), the Hindi editor of a book titled 'Documents of Bhagat Singh and his comrades' and a writer for Mazdoor Bigul, a monthly workers' newspaper, has a history in journalism and translation. A friend, Katyayini, described him as a journalist with 20 years of experience at UNI Lucknow and Delhi, specializing in translating complex texts. She expressed concern over his health as he is diabetic and detailed how police seized items from Janchetna bookshop in Lucknow during his arrest.
Aditya Anand, who works with an MNC in Gurgaon and lives in Noida's Arun Vihar, is portrayed by his brother Akash as a kind soul who teaches underprivileged children and advocates against worker exploitation. Akash disputed police claims, stating, "Police have portrayed my brother as some kind of mastermind, whereas all he was doing was raising voice against injustice to workers." He also highlighted family financial struggles due to their father's kidney disease.
Himanshu Thakur, with a master's in history from Hansraj College, is preparing for a PhD and has been active in labour rights. His father, Ram Thakur, who is hearing impaired, reported seeing marks on Himanshu's hand after meeting him at Luksar jail and noted delays in his production before a magistrate.
Aakriti, a 25-year-old Delhi University alumna who recently qualified her NET exam, is involved in social work, including teaching underprivileged children. Her lawyer mentioned she learned about the protests through Rupesh Roy and came to support them on April 11. Srishti, from Lucknow, participates in street plays to raise awareness about labour rights.
Prosecution and Police Responses
In contrast, a prosecutor told TOI that they objected to defence interventions in police remand applications, arguing that "it is in the interest of proper investigation that police get a chance to interrogate them and take into its custody evidence that may prove important in the due course." Noida Police commissioner Laxmi Singh asserted that all legal documents had been shared with the defence and the court, countering the allegations of procedural lapses.
As the legal proceedings unfold, the case continues to draw attention to issues of due process, labour rights, and the challenges faced by those arrested in the aftermath of the Noida protests.
