Bail Blocked by Missing Files
Legal representatives for three labour activists detained in relation to the April 13 industrial workers' demonstration in Noida have voiced their inability
to proceed with bail applications. The core issue stems from the alleged failure of the Noida police to furnish essential legal documentation, specifically copies of the arrest memo and the remand application presented to the court. Advocates Kabir and Manik Gupta, representing Aditya Anand, identified by the police as a central figure in the alleged conspiracy, along with Satyam Verma and Himanshu Thakur, have indicated that without these fundamental documents, the bail process cannot commence. Furthermore, they have lodged strong objections against the arrests, asserting that the procedures outlined by law were not followed. A key point of contention is the disclosure of arrest grounds and the formal serving of an arrest memo to the accused, which are considered prerequisites for legalizing an arrest. The detained individuals are currently under judicial custody, with a hearing for the police's request for their remand scheduled for the following day. This situation creates a significant procedural bottleneck, leaving the accused in limbo regarding their immediate legal recourse for release.
Widespread Legal Hurdles
The difficulties in securing bail extend beyond the initially mentioned activists. Among the 43 individuals named in one of the First Information Reports (FIRs) filed at the Phase 2 police station, the site of significant vandalism during the April 13 protest, only two have so far submitted bail applications. These are Aakriti and Srishti, both Delhi University students, who were arrested earlier on April 11, alongside Rupesh Roy and Manisha, following a separate industrial workers' protest on April 10. In total, nine FIRs related to these protests have been registered across five police stations in Noida, implicating 203 individuals. The Sector 63 and Phase 2 police stations have each registered three FIRs. These cases have been lodged under various sections of the new criminal code, Section 7 of the Criminal Law Amendment Act, and Section 3/4 of the Prevention of Damage to Public Property Act. Adding to the complexity, four individuals not initially named in the FIRs—Ankesh Rawal, Rudra Pratap, Prabal Pratap, and Shobhit—have also filed bail applications. The inclusion of 'unknown' individuals in the FIRs also presents a scenario where the police can add more names as the investigation progresses, further complicating the legal landscape for those involved.
Challenges in Evidence Handling
Lawyers are not only struggling with the absence of arrest and remand documents but also with the handling of electronic evidence. Rajnish Yadav, representing Aakriti, noted that obtaining a copy of the remand application has been an arduous task, and many arrested individuals are from other states without local sureties, exacerbating their difficulties. A significant procedural concern highlighted by Advocate Kabir relates to the seizure of digital devices. According to the Information Technology (IT) Act, when any gadget or digital device is confiscated by the police, a 'hash value' must be generated. This process creates a unique digital identifier, akin to a fingerprint, that ensures the integrity and authenticity of electronic records, allowing for verification. However, in this instance, the lawyers claim this crucial step has been omitted by the police. The implications of this omission could be substantial for the defense, potentially undermining the admissibility or reliability of the digital evidence presented against the accused. The police, conversely, argue that all legal documentation has been provided to the defense and the court, a claim contested by the legal representatives.
Profiles of the Accused
The individuals arrested represent diverse backgrounds, many with strong ties to journalism, writing, and activism. Satyam Verma, a 62-year-old, is recognized as the Hindi editor of a book on Bhagat Singh and a contributor to the workers' newspaper 'Mazdoor Bigul'. His father was a historian and academic. Katyayini, a friend and poet-author, described Verma as a journalist with UNI who specializes in translating complex texts. Aditya Anand, whose brother is a research scholar, is portrayed as a supportive family member and a voice against worker exploitation, reportedly involved with 'Mazdoor Bigul'. Himanshu Thakur, pursuing a PhD, has a history of advocating for labor and democratic rights. Akriti, a Delhi University alumna, is actively involved in social work, including teaching underprivileged children. Srishti, also from Lucknow, uses street plays to raise awareness about labor rights. The details of their backgrounds and their alleged involvement highlight a broader context of activism and social engagement that led to their arrests amidst the protests.
