SC orders release of NewsClick founder Prabir Purkayastha, calls arrest illegal

Prabir Purkayastha was arrested on October 3, 2023.

The Supreme Court on Wednesday ordered the release of NewsClick Editor Prabir Purkayastha after hearing his plea, challenging the arrest by Delhi Police in a Unlawful Activities Prevention Act (UAPA) case.

The court invalidated his arrest and remand as a copy of the remand application was not provided at the time of arrest, this act violates the Supreme Court's judgment in  Pankaj Bansal's case. In the Pankaj Bansal judgment the court mandated that a copy of remand application must be served on a person who is arrested so that he understands the reason behind his arrest in order to defend himsel.

The court said "Though we would have released him without surety, but since chargesheet has been filed, we release him with surety and bail bond."

A bench of Justices BR Gavai and Sandeep Mehta  pronounced the verdict.

"The arrest, subsequent remand order of NewsClick founder Prabir Purkayastha are declared to be invalid in eyes of law," said the SC bench.

News portal NewsClick is accused of receiving a huge amount of money to peddle pro-China propaganda through its stories. On October 3, the Delhi police arrested NewsClick founder Prabir Purkayastha and HR head Amit Chakravarty after searching more than 30 locations and questioning several journalists in a case filed under the anti-terror law UAPA following allegations the portal received money for pro-China propaganda.

Police sealed NewsClick’s office in Delhi, officials said, adding 46 suspects were questioned and digital devices, including laptops and mobile phones, and documents were taken away for examination. They said 37 male suspects were questioned at the office of the Delhi Police Special Cell, while nine female suspects were quizzed at their respective places of stay.

The Delhi Police Special Cell had last year registered a case under sections 13, 16, 17, 18 and 22 of the Unlawful Activities (Prevention) Act along with sections 153A and 120B of the IPC in the matter.

However, late last year Chakroborty turned approver in the case and the same was permitted by a Delhi court. On May 6, he was ordered to be released by the Delhi High Court.