The Supreme Court has intervened in the case of NewsClick founder Prabir Purkayastha, ruling that his arrest under the anti-terror law by the Delhi Police was unlawful. Justices BR Gavai and Sandeep Mehta of the apex court stated that the absence of a remand copy rendered the arrest void. 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 appellant is entitled to release from custody after the Pankaj Bansal case. The remand order is invalid.”
In March, the Supreme Court had underscored the necessity of providing written grounds of arrest to the accused, as established in the Pankaj Bansal case. The trial court will now determine the bail conditions for Mr. Purkayastha. Additional Solicitor General (ASG) SV Raju, representing the police, noted that while the arrest was deemed void, it wouldn’t hinder their authority to arrest based on proper grounds.
During the proceedings, Justice Gavai affirmed, “Whatever you are permitted to do under the law, you are permitted.” The Supreme Court had previously questioned the Delhi Police’s haste in producing Mr. Purkayastha before the magistrate without notifying his lawyer upon arrest on April 30. Senior lawyer Kapil Sibal, representing Mr. Purkayastha, highlighted the absence of his client’s legal representation during the remand order process, stressing the importance of adhering to principles of natural justice.
Mr. Purkayastha’s arrest on October 3 under the Unlawful Activities (Prevention) Act came amidst allegations from a New York Times investigation claiming NewsClick’s association with Chinese propaganda networks. The Delhi Police, in a March chargesheet, accused NewsClick and Mr. Purkayastha of terror funding and propagating Chinese propaganda. Additionally, NewsClick’s HR head, Amit Chakravarty, who was arrested on the same day, was granted permission to become an approver in the case in January.
