Supreme Court Sets Aside Arrest of NewsClick Chief Editor Under UAPA, Orders Release
On Wednesday, the Supreme Court overturned the arrest and detention of Prabir Purkayastha, the chief editor of online news portal NewsClick, in connection with a case under the Unlawful Activities (Prevention) Act (UAPA).
A Bench comprising Justices BR Gavai and Sandeep Mehta ruled that Purkayastha should be released upon furnishing surety and a bail bond.
The Court’s decision stemmed from the absence of providing Purkayastha with a copy of the remand application, which it deemed a violation of principles of natural justice. Referring to a precedent, the Court highlighted that this lack of notification tainted Purkayastha’s arrest.
Noting that a chargesheet had been filed in the case, the Court stipulated that Purkayastha could only be released upon furnishing surety and a bail bond. Despite indicating a willingness to release him without surety, the Court cited the chargesheet’s existence as a reason for this requirement.
The verdict followed Purkayastha’s plea challenging his arrest and remand by the Delhi Police, with the Supreme Court reserving its judgment on April 30.
During the hearings, the Court raised concerns about the remand hearing being conducted without prior notification to Purkayastha’s lawyer, effectively denying him an audience. It questioned why Purkayastha or his counsel were not informed about the grounds for his arrest before the remand order was issued.
Purkayastha was arrested on October 3, 2023, under the UAPA following raids prompted by allegations from a New York Times article accusing NewsClick of being paid to promote Chinese propaganda. Amit Chakraborty, NewsClick’s HR head, was also arrested in the same case.
Purkayastha moved the Supreme Court after the Delhi High Court upheld the trial court’s decision to remand him to police custody.
The FIR against Purkayastha alleges that he illegally received foreign funds amounting to crores and utilized them to undermine India’s sovereignty, unity, and security. It further claims that significant foreign funds were unlawfully channeled into India by both domestic and foreign entities.
Initially, Purkayastha and Chakraborty challenged their arrest and remand in the Delhi High Court, arguing that they were not provided with grounds for their arrest, contrary to the Supreme Court’s ruling in the Pankaj Bansal case. However, the High Court dismissed their argument, leading to their appeal before the Supreme Court.
Chakraborty later became an approver for the prosecution, resulting in his release by the Delhi High Court and the withdrawal of his plea against the arrest before the Supreme Court.
Recently, the Delhi Police filed a chargesheet against Purkayastha and NewsClick, with a Delhi court taking cognizance of it. The court is scheduled to hear the matter on May 31 for the framing of charges.
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