The Supreme Court overturned the arrest and remand of Prabir Purkayastha, the chief editor of online news portal NewsClick, in a case under the Unlawful Activities (Prevention) Act (UAPA). The bench comprising Justices BR Gavai and Sandeep Mehta ordered Purkayastha’s release upon furnishing surety and a bail bond.
The Court’s decision was based on the violation of principles of natural justice, as Purkayastha was not provided a copy of the remand application. The Court emphasized that this lack of information invalidated the arrest, referencing the Pankaj Bansal case. Despite considering releasing him without surety, the Court required surety and a bail bond due to the filing of a chargesheet in the case.
The ruling came in response to Purkayastha’s plea challenging his arrest and remand by the Delhi Police. The Supreme Court had reserved its judgment on April 30 and raised concerns during the hearings about the conduct of the remand proceedings without proper notification to Purkayastha’s lawyer.
Purkayastha was arrested on October 3, 2023, under the UAPA following raids prompted by allegations in a New York Times article suggesting NewsClick received payments to promote Chinese propaganda. The FIR against him alleges illegal receipt of foreign funds with the intention to disrupt India’s sovereignty, unity, and security.
Initially challenging their arrest and remand in the Delhi High Court, Purkayastha and Amit Chakraborty argued that they were not provided with grounds for arrest, citing the Pankaj Bansal judgment. The High Court dismissed their argument, leading to the appeal before the Supreme Court.
Chakraborty later became an approver for the prosecution and withdrew his plea against the arrest. Meanwhile, the Delhi Police filed a chargesheet against Purkayastha and NewsClick, with the Delhi court scheduled to hear the matter on May 31 for framing of charges.
