New Delhi : The Supreme Court has issued a notice to the Delhi Police in response to a petition filed by NewsClick’s Founder and Editor-in-Chief, Prabir Purkayastha, and the HR head, Amit Chakraborty. The petition challenges their arrest under the Unlawful Activities (Prevention) Act (UAPA), an anti-terror law.
A bench comprising Justices B R Gavai and Prashant Kumar Mishra sought a response from the police and scheduled the matter for consideration on October 30, 2023.
Initially granting the police three weeks to file a response, the court expedited the hearing upon learning that the petitioners, represented by senior advocates Kapil Sibal and Devadatt Kamat, were in custody. The bench also noted that the matter could not be taken up on the following day, which was the last working day before the Dussehra break.
The petitioners challenged the validity of the Delhi High Court’s October 13, 2023, order that had rejected their petitions contesting their arrest and remand under the UAPA.
Justice Tushar Rao Gedela of the High Court had previously rejected the petitions challenging the remand order.
According to the prosecution, Purkayastha and Chakraborty were accused of receiving funds to promote pro-China propaganda. Solicitor General Tushar Mehta, representing the investigation agency, emphasized the gravity of the case, citing the receipt of a substantial sum, approximately Rs 75 crore, from an individual in China with the alleged intention of compromising the country’s integrity and stability.
The High Court, in its earlier decision, concluded that the petitioners failed to raise any objections regarding the legality of the remand order when they applied for a copy of the First Information Report (FIR) after the remand order was issued on October 4, 2023. The court also held that the Supreme Court’s precedent in the Pankaj Bansal case, which required the provision of grounds for arrest at the time of arrest, did not apply to the current case.
In the FIR filed on August 17, 2023, Purkayastha, activist Gautam Navalakha, and Chinese resident Neville Roy Singham were named as the accused parties.
