The Supreme Court has deferred the hearing of pleas by NewsClick founder Prabir Purkayastha and HR head Amit Chakraborty, who are challenging their arrests under the Unlawful Activities Prevention Act (UAPA), until after the Diwali vacation. The decision, announced on Monday, means that any potential relief for the duo will be delayed until at least November 20, as the court enters its recess.
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During a brief session, the bench of Justices B.R. Gavai and Prashant Kumar Mishra stated,
“List immediately after ensuing Diwali holidays.”
This adjournment follows previous postponements due to time constraints on October 18 and 19.
Senior Advocate Kapil Sibal, representing Purkayastha, argued that the Supreme Court’s ruling in the Pankaj Bansal case, which requires that grounds of arrest be provided in writing, had been disregarded.
“This is a case covered clearly by the Pankaj Bansal ruling of this court that grounds of arrest have to be supplied in writing. See the arrest memo. Nothing has been supplied,”
Sibal contended.
Despite Sibal’s request for the court to consider Purkayastha’s interim relief application on medical grounds, given his age of 71, Justice Gavai indicated that both the special leave petitions (SLPs) and the interim application would be addressed simultaneously after the vacation.
Also read – NewsClick Case: Chief Editor & HR Head Move Supreme Court Challenging Arrests In UAPA Case (lawchakra.in)
The pleas by Purkayastha and Chakraborty arose after the Delhi High Court, led by Justice Tushar Rao Gedela, upheld their arrest by the Delhi Police. The police accused NewsClick of receiving illicit funds from organizations like the People’s Alliance for Democracy and Secularism to disrupt the 2019 elections and to portray regions like Arunachal Pradesh and Kashmir as separate from India.
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The High Court dismissed the duo’s contention that their arrests were unlawful as they had not been furnished with the necessary grounds of arrest, a requirement underscored by the Supreme Court’s judgment in the Pankaj Bansal case. Justice Gedela maintained that the grounds of arrest had been conveyed, and there was no procedural flaw under the UAPA or the Constitution.
The Supreme Court’s decision to delay the hearing extends a period of uncertainty for Purkayastha and Chakraborty, who remain in custody. The case has drawn attention to the application of the UAPA and the procedural requirements for arrest under the act, highlighting the balance between national security concerns and individual legal rights.
