New Delhi: On June 21, The Wire reported that the National Human Rights Commission (NHRC) has taken suo motu cognisance of a report by The Wire Hindi concerning the nearly two-month-long incarceration of a 16-year-old minor, Nitin (name changed for anonymity), alongside adult inmates in connection with the Noida labour protests case. Shortly after, the Gautam Buddha Nagar Police Commissionerate issued a statement claiming that at the time of arrest, the individual had stated his age to be 19 years, while the initial medical examination recorded it as 18. The police also released a copy of an Aadhaar card displaying the name ‘Dinesh,’ with a birth date of January 1, 2007. According to the police, the card with Dinesh’s name belongs to Nitin. The statement further noted that he was employed at a private company in Noida and the identification proof submitted during the hiring process also bore the same birth date. However, Nitin’s lawyer, Manik Gupta, has claimed that the copy does not belong to Nitin and is instead his elder brother Dinesh’s. Dinesh had earlier clarified in a conversation with The Wire Hindi that he had never been employed in Noida and had only travelled to Noida once before Nitin’s arrest. “I haven’t even seen the route to Noida,” Dinesh said, “I have worked as a labourer only in Punjab and Haryana.” He also clarified that his brother was not employed at any factory in Noida either and was a helper at a grocery store. The custody and bailNitin was taken into custody on April 14. Even though his Aadhaar card indicated that he is a minor, he was charged as an adult and jailed alongside adult offenders for almost two months. Although a court granted him bail in relation to FIR no. 165 on May 29, he remained imprisoned for an additional three weeks due to his inability to pay the bail sum of Rs 45,000.On June 12, about a week after an ossification test was performed to determine his age, he was transferred to a juvenile home when the report affirmed his status as a minor. Later, on June 18, he was released on bail. The next day, the NHRC took suo motu cognisance of Nitin’s case and issued notices to the Director General of Uttar Pradesh Police and the Director General of Prison Administration and Reform Services, seeking a detailed report within two weeks. NHRC’s investigation wing was also directed to submit an on-site inquiry report within a week’s time. Serious allegations raised against the policeDinesh, told The Wire Hindi that on Saturday (June 20), the police visited their village in Shahjahanpur district and interrogated him. He said the police alleged that Nitin had used Dinesh’s Aadhaar card to gain employment at a private factory in Noida. Dismissing these claims, Dinesh said, “Nitin was not employed at a factory; he worked at a grocery store. Even if one were to assume that Nitin was using my Aadhaar card, wouldn’t the factory management discern that he was using another person’s card and identify his true age?”Dinesh alleged that the officers had instructed him to record a false testimony. He said, “They asked me to record a video saying that my brother worked in Noida using my Aadhaar card. But the truth is that my brother never took my card.” When questioned about how the police acquired his card, Dinesh said, “Throughout the legal process and during my visits to Nitin in jail, I had been asked to submit a copy of my Aadhaar card to the police multiple times. They likely obtained it from there.” He further reported that the police made him sign a document which perhaps stated that he was a labourer at a brick kiln. Gupta has argued that the officials are concocting fictitious stories to protect themselves.Is there an attempt to mislead?In response to the NHRC notice, Gautam Buddha Nagar Police Commissionerate claimed that “Nitin alias Dinesh” had told them that he was 19 years old. After being granted bail, Nitin informed The Wire Hindi that even after repeatedly telling the police that he was 16 years old, they kept recording his age as 18 or 19. He emphasised that he never claimed to be 19 years old. Nitin also contested the narrative that he was employed at Stonch Electronic India LLP, located in Phase 2, Noida. He said he had never worked at a factory or company before, corroborating his brother’s claim that he was a helper at a grocery shop in Bhangel area.He also denied involvement in the labour movement. “The factory workers were the ones leading the protest. I had nothing to do with it. I used to work in the shop,” he said.Following the release of the police statement, Gupta also raised several questions. Commenting on the alias dubbed by the police, he said, “It is incomprehensible to refer to the teenager as ‘Nitin alias Dinesh.’ Dinesh is not a surname. He is Nitin’s elder brother.”The lawyer alleged that police were trying to create confusion surrounding the identity of the brothers in an attempt to look for new justifications for the arrest. He added that the police may now attempt to implicate Dinesh in the case as well. Speaking to The Wire Hindi, Gupta said, “Following the recently transpired events, it seems that the police are now attempting to save face. We fear Dinesh may also be dragged into this case.”Echoing the same fear, Dinesh said, “If the police implicate me as well, what will I do? My family has already faced so many hardships because of Nitin’s case. If I am implicated, my family will be devastated.” “I don’t understand why the police are after a poor family like ours,” he added. What do the police say?Gupta claimed that Navneet Kumar, a sub-inspector at the Noida Phase-2 police station, had instructed Dinesh to record the video and that Kumar had even acknowledged the same in a phone call with him. However, when contacted by The Wire Hindi, Kumar explicitly denied the claim, saying he had never visited Nitin’s village and had no knowledge of the the purported attempt to get Dinesh to make a video.The Wire Hindi had also emailed questions to Gautam Buddha Nagar Commissionerate on June 21, however, no response has been received. This report will be updated if they reply. The Noida Phase-2 police station was also contacted regarding the allegations. The individual who answered the phone at 2:26 pm said he was not aware of the matter and would get back with the relevant information in some time. When The Wire Hindi called the station at 4:14 pm, the person identified himself as the special sub-inspector, yet when posed with questions, he reiterated his earlier response. The Wire Hindi received the same response from Gautam Buddha Nagar police media cell, with a person named Sushil saying that only the police station in-charge could provide the required details. Gautam Buddha Nagar Police Commissioner Lakshmi Singh did not respond. This report will be updated if they do. Translated from Hindi by Naushin Rehman.This article was originally published on The Wire Hindi.