In a major breakthrough for NewsClick founder and Editor-in-Chief Prabir Purayastha, the Supreme Court on Wednesday declared his arrest by the Delhi Police and his remand in a case under the Unlawful Activities (Prevention) Act 1967 as ‘illegal’ and directed his release from custody.
A division bench of Justices BR Gavai and Sandeep Mehta pronounced the verdict after concluding arguments on April 30.
The court observed that Purkayasatha wasn’t provided a copy of the remand application before his remand order on October 4, 2023, which didn’t meet the requirement of providing arrest grounds in writing. Therefore, the arrest and remand were deemed invalid, leading to Purkayasatha’s release. However, he needs to furnish bail and bonds as chargesheet has been filed.
“There is no hesitation in the mind of the court to reach to a conclusion that a copy of the remand application, in the purported exercise of the communication of the grounds of arrest in writing, was not provided to the accused-appellant or his counsel before the passing of the remand order dated 4th October, 2023, which vitiates the arrest and the subsequent remand of the appellant. As a result, the appellant is entitled to a direction for release from custody by applying the ration of the judgment rendered by this court in Pankaj Bansal,” the court said in its order, according to Live Law.
Purkayastha had been in custody since October 3 under the Unlawful Activities (Prevention) Act for allegedly receiving Chinese funds for anti-national propaganda. Senior advocate Kapil Sibal represented him, while Additional Solicitor General SV Raju appeared for the Delhi Police.
The NewsClick founder challenged his arrest’s legality, arguing that the grounds weren’t provided in writing, as mandated by a Supreme Court judgment. The Delhi Police contended that the grounds were in the remand application.
During the hearing, the court questioned the Delhi Police’s haste in producing Purkayastha before the Magistrate at 6 AM without informing his lawyer. It also noted that the remand order was passed before the remand application was served on Purkayastha’s lawyer.
The Delhi police argued that the time recorded in the remand order (6 AM) was incorrect and that the remand order was passed after serving the accused’s counsel. However, the Court stuck to the time recorded in the judicial order.
Purkayastha had urged the court to review the Delhi High Court’s decision to keep him in custody and the top court overturned this decision today.
Amit Chakraborty, another person involved in the case who works as NewsClick’s human resources head, also went to the Supreme Court to challenge his arrest. However, he later decided to halt his case after agreeing to help the Enforcement Directorate and was forgiven.
During the legal proceedings, the court told the All India Institute of Medical Science (AIIMS) to form a team to check Purkayastha’s health independently. They got the report by March 20.