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Supreme Court asks student arrested for violence during Noida workers’ protest to approach HC

The Supreme Court has directed a student, Sharad Yadav, arrested in connection with violence during a protest by migrant workers in Noida, to approach the Allahabad High Court seeking appropriate remedies. Yadav, a student activist, was arrested following the protest on August 21, 2023, concerning alleged non-payment of wages and unfair labor practices.

A bench comprising Justices BR Gavai and CT Ravikumar was hearing a petition filed by Yadav seeking quashing of the FIR registered against him and his release from custody. The Uttar Pradesh Police alleged Yadav instigated the violence and played a key role in the protest turning aggressive.

The Court acknowledged the seriousness of the allegations but noted the lack of specific details regarding the charges leveled against Yadav in the petition. It observed that the petition was largely based on newspaper reports and lacked concrete evidence demonstrating a violation of fundamental rights.

Instead of directly addressing the merits of the case, the Supreme Court deemed it appropriate for the High Court to examine the matter more thoroughly. The Court stated the High Court is better equipped to assess the factual situation and determine the legality of Yadav’s detention.

The police argued that Yadav is a repeat offender with previous involvement in similar protests and that his release could encourage further unlawful activities. They presented evidence of his alleged role in organizing and mobilizing workers for the demonstration.

The Court, however, refrained from making any observations on the merits of the case and simply directed Yadav to approach the High Court. It emphasized that all legal arguments and evidence should be presented before the High Court for consideration. The Court did not grant any interim relief, meaning Yadav will remain in custody until the High Court decides on his plea. The case highlights the ongoing tensions surrounding labor rights and freedom of expression in the context of protests and demonstrations in India.

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