The Supreme Court in its significant judgement on Wednesday declared the arrest of NewsClick founder and editor-in-chief Prabir Purkayastha in a case under the anti-terror law UAPA as “invalid in the eyes of law.”
he top court noted that a copy of the remand application, outlining the grounds of arrest in writing, was not provided to Purkayastha or his counsel before the remand order dated October 4, 2023, which “vitiates” his arrest and subsequent remand.
A bench of Justices B R Gavai and Sandeep Mehta stated, that “there is no hesitation in the mind of the Court to reach to a conclusion that the copy of the remand application in the purported exercise of communication of the grounds of arrest in writing was not provided to the accused appellant or his counsel before passing of the order of remand dated 4th October, 2023 which vitiates the arrest and subsequent remand of the appellant.”
As a result, the appellant is entitled to a direction for release from custody by applying the ratio of the judgment rendered by this court in the case of Pankaj Bansal (supra), the bench added.
The bench further stated that the arrest of the appellant followed by remand order dated 4th October, 2023 and so also the impugned order passed by the High Court of Delhi dated 13th October, 2023 are hereby declared to be invalid in the eyes of law and are quashed and set aside.
“Though we would have been persuaded to direct the release of the appellant without requiring him to furnish bonds or security but since the chargesheet has been filed, we feel it appropriate to direct that the appellant shall be released from custody on furnishing bail and bonds to the satisfaction of the trial court.”
The bench also stated that the court makes it abundantly clear that none of the observations made above shall be treated as a comment on the merits of the case.
The bench delivered its verdict on Purkayastha’s plea challenging the high court’s October 13 last year order dismissing his plea against arrest and subsequent police remand in the case.
He was arrested by the Special Cell of the Delhi Police on October 3 last year.
After the verdict was pronounced, Additional Solicitor General S V Raju, appearing for the Delhi Police, suggested that since the arrest was declared to be void, it should not preclude the police from exercising the correct powers of arrest.
To this, Justice Gavai said, “We need not observe anything on that,” adding, “Whatever you are permitted in law, you are permitted in law.”
On October 13, 2023, the Delhi high court dismissed Purkayastha and NewsClick’s HR department head Amit Chakravarty’s pleas against their arrest and subsequent police remand.
Chakravarty previously withdrew his petition against his arrest under the anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), from the Supreme Court.
Delhi’s Patiala House court previously granted Chakravarty permission to become an approver in the case filed against the news portal under the UAPA, alleging that it received funds from China to spread pro-China propaganda.
As per the FIR, the news portal purportedly received substantial funds from China to “disrupt the sovereignty of India” and incite disaffection against the country.
The FIR also accused Purkayastha of conspiring with a group, People’s Alliance for Democracy and Secularism (PADS), to disrupt the electoral process during the 2019 Lok Sabha polls.
On April 30, a Delhi court acknowledged a charge sheet filed against Purkayastha in the case.
In January, the court permitted Chakravarty to become an approver in the case.
The judge granted pardon to Chakravarty, who was arrested on October 3, 2023, in the case, upon his application claiming he possessed material information he was willing to disclose to the Delhi Police, which is investigating the matter.
