Today(on 15th May),The Supreme Court has overturned Prabir Purkayastha’s UAPA-related arrest, releasing him on bail with surety. Justices BR Gavai and Sandeep Mehta delivered the verdict.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: Today(on 15th May),The Supreme Court has overturned the arrest and remand of Prabir Purkayastha, the chief editor of the online news portal NewsClick, in connection with a case under the Unlawful Activities (Prevention) Act (UAPA). The Bench comprising of Justices BR Gavai and Sandeep Mehta has ordered the release of Purkayastha, subject to the condition of furnishing surety and bail bond.
The Court’s decision came after it observed that the principles of natural justice had been violated during the remand process.
“The appellant was not provided with a copy of the remand application, which invalidates their arrest, as per the precedent set in the Pankaj Bansal case.”
– the order noted.
The Bench further stated that Purkayastha could be released only on furnishing surety and a bail bond since a chargesheet had already been filed in the case.
ALSO READ: [ Breaking] NewsClick UAPA Case, Delhi HC Reserves Order on HR Head’s Bail Plea
“While we initially considered releasing him without surety, given the filing of the chargesheet, we are now releasing him with surety and a bail bond.”
-the Court stated while reading out the operative part of the order.
The verdict was issued in response to a plea by Purkayastha challenging his arrest and remand by the Delhi Police. The Supreme Court had reserved its judgment in the matter on April 30.
During the hearings, the Court raised concerns about the manner in which the remand hearing was conducted. It was noted that Purkayastha’s lawyer had not been informed in advance, effectively denying him an opportunity to be heard. The Court observed that the remand order appeared to have been passed around 6 AM, prior to informing Purkayastha or his counsel about the reasons for his arrest.
The Court also questioned the counsel for the Delhi Police regarding the lack of advance notice to Purkayastha’s lawyer about the remand. Purkayastha was arrested on October 3, 2023, under the UAPA following a series of raids triggered by allegations in a New York Times article claiming that NewsClick was being funded to propagate Chinese interests.
In the same case, NewsClick’s HR head, Amit Chakraborty, was also arrested. Both individuals subsequently challenged their arrest and remand in the Delhi High Court, which upheld the trial court’s decision to remand them to police custody.
According to the First Information Report (FIR), Purkayastha is accused of receiving large sums of money from foreign sources with the intent to “jeopardize India’s sovereignty, unity, and security.” The FIR further claimed that substantial foreign funds were funneled into India illegally by both domestic and international entities.
Following their arrest, Purkayastha and Chakraborty initially approached the Delhi High Court, arguing that their arrest and remand were illegal since they were not provided with the grounds for their arrest, in violation of the Supreme Court’s judgment in Pankaj Bansal v. Union of India & Ors (M3M case). However, the High Court rejected this argument, ruling that the Pankaj Bansal judgment did not directly apply to arrests made under the UAPA. This decision prompted the appeal to the Supreme Court.
ALSO READ: BREAKING|| Delhi High Court ordered release of NewsClick HR Head Amit Chakraborty in UAPA case
Meanwhile, Amit Chakraborty turned approver for the prosecution and was subsequently released by the Delhi High Court, leading to the withdrawal of his plea before the Supreme Court against his arrest.
The Delhi Police recently filed its chargesheet against Purkayastha and NewsClick, and a Delhi court has taken cognizance of the chargesheet.
The matter is scheduled to be heard on May 31.
CASE TITLE:
Prabir Purkayastha v. State of NCT of Delhi
