NewsClick Case: Apex Court Questions Conduct of Remand Proceedings; Concerns Raised Over Compliance with UAPA Regulations
The Supreme Court reserved its verdict on Tuesday regarding a petition filed by Prabir Purkayastha, editor-in-chief of online news portal NewsClick, challenging his arrest and remand by the Delhi Police under the Unlawful Activities (Prevention) Act (UAPA). The Bench, comprising Justice BR Gavai and Justice Sandeep Mehta, raised questions regarding the conduct of the remand proceedings during the hearing.
The Bench observed that the remand order was issued hastily, without informing Purkayastha or his counsel about the grounds of arrest. It queried why no advance notice was given to Purkayastha’s lawyer when the police had 24 hours to proceed. Emphasizing the importance of natural justice, the Court expressed concern over the lack of transparency in the remand process.
Representing Purkayastha, Senior Advocate Kapil Sibal argued against the basis of the arrest, questioning how a digital portal could pose a threat to sovereignty. He criticized the Delhi High Court’s decision to orally communicate the grounds of arrest instead of providing them in written form, contrary to the Supreme Court’s precedent in the Pankaj Bansal case.
In response, the Delhi Police asserted that detailed grounds of arrest were eventually communicated to Purkayastha. However, the Apex Court noted the delay in informing Purkayastha’s counsel and highlighted the absence of an audience during the proceedings.
The Court reserved its verdict after hearing arguments from both sides. The case stems from allegations following a New York Times article accusing NewsClick of promoting Chinese propaganda. Purkayastha and another accused, Amit Chakraborty, were arrested amid raids. The FIR alleges illegal receipt of foreign funds to disrupt India’s sovereignty, unity, and security.
The Delhi High Court had rejected Purkayastha’s and Chakraborty’s petitions challenging their arrest and remand, prompting an appeal to the Supreme Court, which is still pending.
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