SC declares NewsClick founder Prabir Purkayastha’s arrest ‘invalid’

The Supreme Court ordered that NewsClick founder Prabir Purkayastha be released from custody on Wednesday, deeming his arrest “invalid in the eyes of law” in a case involving the anti-terror law.

The top court noted that Purkayastha and his attorney were not given a copy of the remand application in the “purported exercise of communication” of grounds of arrest in writing prior to the remand order dated October 4, 2023, which “vitiates” his arrest and subsequent remand.

“Therefore, by applying the ratio of the judgement rendered by this court in the case of Pankaj Bansal, the appellant is entitled to a direction for release from custody,” a bench of Justices B R Gavai and Sandeep Mehta stated.

“Accordingly, the arrest of the appellant (Purkayastha) followed by the remand order dated … and so also the impugned order passed by the High Court of Delhi are hereby declared to be invalid in the eyes of law and are quashed and set aside.”

The bench delivered its verdict on Purkayastha’s plea challenging the high court’s October 13 last year order dismissing his plea against arrest and subsequent police remand in the case.

He was arrested by the Special Cell of the Delhi Police on October 3 last year.

The Supreme Court stated when it made its decision, “Though, we would have been persuaded to direct the release of the appellant without requiring him to furnish bonds of security but since the charge sheet has been filed, we feel it appropriate to direct that the appellant shall be released from custody on furnishing bail bonds to the satisfaction of the trial court.” The bench made it clear that none of its opinions would be taken as a merits decision in the matter.

Additional Solicitor General S V Raju, representing the Delhi Police, stated following the ruling that the fact that the arrest was ruled invalid should not stop the police from using their lawful arrest authority.

Justice Gavai stated, “We need not observe anything on that,” and, “Whatever you are permitted in law, you are permitted in law.” On October 13 of last year, the high court rejected the arguments made by Purkayastha and Amit Chakravarty, the chief of NewsClick’s human resources department, against their apprehension and subsequent police custody.

The Unlawful Activities (Prevention) Act (UAPA), an anti-terror law, was the reason Chakravarty withdrew his petition against his arrest from the Supreme Court.

In the case brought under the UAPA against the news portal due to claims that it was paid to disseminate pro-China propaganda, a Delhi court had previously permitted Chakravarty to become an approver.

The FIR claims that the news portal got large sums of money from China in order to “disrupt the sovereignty of India” and incite anti-Chinese sentiment.

The People’s Alliance for Democracy and Secularism (PADS) was accused of conspiring with Purkayastha to undermine the electoral process in the 2019 Lok Sabha elections.

On April 30, a Delhi court had taken cognisance of a charge sheet filed against Purkayastha in the case.

In January, the court granted Chakravarty the authority to act as an approver in the case.

Chakravarty was granted a pardon by the judge after he applied and stated he had material information he was willing to share with the Delhi Police, who are currently conducting an investigation into the case. Chakravarty was arrested on October 3, 2023.