In a crucial judgment that highlights the sanctity of legal procedures, the Supreme Court on Wednesday declared the arrest of Prabir Purkayastha, the founder and Editor-in-Chief of NewsClick, to be invalid. The arrest was carried out by the Delhi police in connection with a case filed under the Unlawful Activities (Prevention) Act (UAPA). The bench, comprising Justices BR Gavai and Sandeep Mehta, mandated the release of the NewsClick founder from custody.
The apex court’s order specifies that Purkayastha’s release is contingent upon him furnishing a surety and bail bond. This development came after the bench meticulously examined the legal formalities followed during the arrest and remand of Purkayastha. The justices found a severe lapse in legal procedure as Purkayastha was not provided with a copy of the remand application and the grounds for his arrest, which is a contravention of the principles of natural justice.
“The arrest of the appellant is vitiated as a result of the failure to furnish him with a copy of the remand application,” the Supreme Court stated in its verdict. “However, considering that a chargesheet has been filed, we will release him subject to surety and a bail bond.” Purkayastha has been in custody since the 2nd of October, 2023.
Purkayastha found himself behind bars in Tihar jail, facing charges under anti-terror laws. He had submitted an application in a pending case, seeking his release on medical grounds. The predicament began when Purkayastha contested his arrest under the UAPA for allegedly receiving funds from Chinese sources to support anti-national activities.
His challenge was in response to the Delhi High Court’s order dated October 13, 2023, which affirmed the trial court’s decision to remand him to police custody. While Purkayastha was subsequently shifted to judicial custody, the legal battles ensued.
The case took an interesting turn when Amit Chakravarty, the human resources department head at NewsClick, decided to retract his petition against his arrest at the Supreme Court. A lower court had earlier allowed Chakravarty to become an approver in the case against the online news portal.
Purkayastha and Chakravarty’s arrests occurred on October 3, following a widespread search operation by the Special Cell of the Delhi Police covering 30 locations connected to NewsClick and its journalists. The initial case filed under UAPA alleged that the portal accepted money for promoting pro-China propaganda.
In pursuit of justice, they moved the High Court, challenging the arrest, the police custody period, and requesting interim relief in the form of immediate release. However, their petitions were met with refusal, as the High Court underscored the severity of the allegations related to offenses impacting the nation’s stability, integrity, sovereignty, and security.
The contents of the FIR suggest a significant portion of the funds received by the news portal was from China, earmarked to disrupt India’s sovereignty and breed disaffection towards the nation. The investigating agency posited that Purkayastha colluded with an organization known as the People’s Alliance for Democracy and Secularism (PADS) to subvert the electoral process during the 2019 Lok Sabha elections.
Advocate Arshdeep Khurana, speaking to ANI regarding the Supreme Court’s directive, elaborated, “The Supreme Court has held the arrest and the remand proceedings to be illegal and has directed the release of Purkayastha. We have been directed to furnish the bail bond before the trial court. This is a major and significant relief as we have continually argued that the entire proceedings were illegitimate and the manner of arrest was in contravention of the law, which has now been vindicated by the Supreme Court.”
This landmark ruling by the Supreme Court reaffirms the imperatives of legal due process and the safeguarding of individual rights against arbitrary state actions. The decision has been welcomed by advocates of free press and civil liberties as a potent reminder of the judiciary’s role as a bulwark against misuse of power.
