The Supreme Court has issued a directive for the release of Prabir Purkayastha, founder-editor of NewsClick, citing the invalidity of his arrest under the Unlawful Activities (Prevention) Act (UAPA). The apex court ruled that the grounds for his arrest were not provided to him or his counsel in writing before his remand, rendering the arrest and subsequent remand invalid.
Purkayastha and the HR head of the news website, Amit Chakraborty, were arrested in October last year by the Delhi Police Special Cell and subsequently sent to judicial custody in November. The arrest followed a report in The New York Times alleging financial links between NewsClick and US billionaire Neville Roy Singham, accused of spreading Chinese propaganda. Chakraborty later became an approver in the case.
The Supreme Court’s decision, based on the precedent set in the Pankaj Bansal case, underscores the necessity for the enforcement authorities to furnish grounds of arrest in writing at the time of apprehension. While ordering Purkayastha’s release, the court emphasized that its ruling should not be construed as a comment on the merits of the case.
The Delhi High Court had earlier rejected the petitioners’ argument regarding the provision of written grounds for arrest under the UAPA. However, it suggested that the police should consider providing the grounds in writing to the accused, albeit after redacting sensitive material.
The chargesheet filed by the Delhi Police against NewsClick alleges various offenses, including funding terrorists and instigating violence during protests in Delhi. NewsClick has vehemently denied these allegations, describing them as baseless and vowing to contest them in court.
As the legal battle continues, the Supreme Court’s decision to release Purkayastha highlights the importance of upholding procedural safeguards, especially in cases involving stringent laws such as the UAPA.
