Demanding higher wages not an offence, says Gurgaon court

Gurgaon: A Gurgaon court has granted bail to three workers accused of participating in the violent clashes that took place in Manesar on April 9, saying demanding higher wages in view of rising living costs was “not an offence”.Additional sessions judge of Gurgaon Gagan Geet Kaur, in an order dated May 30, also expressed concern over the plight of their dependants. Terming it an irony of the system, the court observed, “It is a matter of serious and sensitive consideration how the families and children of the migrant workers, who have been confined in jail... for participating in a protest seeking higher wages, would have survived without their salaries.”Shahrukh Alam, who represented the workers along with Vrinda Grover, submitted, “None of the workers have any previous criminal records; they are simple workers raising a demand for a wage hike.”Alam added that police imposed stringent sections in the FIR despite having no substantial evidence to support their allegations.The judge noted that mere presence at the protest site did not automatically establish participation in any violent act.“The applicant was present at the site solely to exercise his fundamental right to peaceful assembly and to voice support for a legitimate demand for wage increases,” it said.Police said the accused hatched a conspiracy through WhatsApp messages to commit arson and provoke their colleagues. They opposed bail, saying since the workers were migrants, they could disappear and influence witnesses.The court rejected these arguments. It said whether the protest was organised as part of a conspiracy was a matter to be determined during trial, and the workers could not be kept in jail solely based on suspicion.“No useful purpose will be served in keeping them behind bars,” the court said, granting bail to Raj Kumar (32), Vivek Kumar (24) and Shyambir (50).