In a significant ruling today, the Supreme Court has ordered the release of Prabir Purkayastha, the founder of NewsClick, declaring his arrest by the Delhi Police under the anti-terror law as illegal. A bench comprising Justices BR Gavai and Sandeep Mehta stated that the arrest was void as the grounds for arrest were not provided, a requirement set forth in the landmark Pankaj Bansal case judgment from March.
Justice Mehta emphasized, “There is no hesitation in the mind of the court that the grounds of arrest were not provided, which vitiates the arrest. The remand order is invalid.”
The Supreme Court criticized the Delhi Police for hastily producing Purkayastha before the magistrate without informing his lawyer after his arrest. Moreover, the court found it surprising that the remand order was passed even before his lawyer received the remand application.
Senior lawyer Kapil Sibal, representing Purkayastha, highlighted the violation of principles of natural justice, noting that Purkayastha’s lawyer was not present when the remand order was passed.
Purkayastha was arrested on October 3 under the Unlawful Activities (Prevention) Act, following allegations of receiving funding from a network promoting Chinese propaganda, as reported by The New York Times.
The March chargesheet, spanning 8,000 pages including annexures, accused NewsClick and Purkayastha of terror funding and promoting Chinese propaganda.
In related developments, NewsClick’s HR head Amit Chakravarty, also arrested on October 3, was allowed by a court in January to turn approver in the case.
