New Delhi: In a setback to the Delhi Police, the Supreme Court Wednesday declared NewsClick website founder Prabir Purkayastha’s arrest as “invalid” and ordered his release.
The top court held the police had failed to communicate the grounds of his arrest to him or his counsel.
A bench of Justices B.R. Gavai and Sandeep Mehta said, “There is no hesitation in the mind of the court to reach to the conclusion that the copy of the remand application in the purported exercise of communication of the ground of arrest in writing was not provided to the accused appellant or his counsel before the passing of the order of remand dated 4 October 2023. Hence, it vitiates the arrest and subsequent remand of the appellant.”
Therefore, the top court said the “appellant is entitled to release of custody by applying the ratio of the judgment rendered by this court in the case of Pankaj Bansal”.
In its verdict on the Bansal case, the apex court had ruled that before arresting anyone, the police must provide reasons for it in writing to the person taken into custody.
Justices Gavai and Mehta held Purkayastha’s arrest, his remand as well as the Delhi High Court judgment upholding these actions as “invalid in the eyes of law” and “accordingly set aside”.
“Though we would have been persuaded to direct the release of appellant without furnishing any bond or security, but since the chargesheet has been filed, we feel it appropriate to direct that the appellant shall be released on custody on furnishing a bail bond to the satisfaction of the trial court,” the bench further said. It, however, clarified its order should not be construed as a commentary on the merits of the case.
The bench did not respond when the ED’s counsel, Additional Solicitor General S.V. Raju, asked it to elucidate that the order would not preclude the agency from exercising its correct powers to arrest Purkayastha again. “We are not saying anything about that. Whatever you are permitted to do under law, you are permitted,” the bench said.
On 3 October last year, the Delhi Police had arrested Prabir Purkayastha, founder and editor-in-chief of NewsClick, along with the head of human resources Amit Chakravarty.
The two were arrested under stringent provisions of the Unlawful Activities (Prevention) Act following a report by The New York Times alleging that NewsClick received money for “pro-China propaganda” — a charge the Delhi-based news portal has categorically denied.
In January this year, the court pardoned accused Chakravarty and allowed him to turn approver in the case.
According to the FIR in the case, a large amount of funds to the news portal allegedly came from China to “disrupt the sovereignty of India” and cause disaffection against the country.
It also alleged Purkayastha conspired with a group — People’s Alliance for Democracy and Secularism (PADS) — to sabotage the electoral process during the 2019 Lok Sabha polls.
Also read: NewsClick ‘took funding to destabilise country,’ Delhi cops allege in 8,500-page chargesheet