6 months ago
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The Supreme Court has ordered the release of NewsClick editor Prabir Purkayastha, declaring that his arrest by the Delhi Police under the anti-terror law was illegal. A bench of Justices BR Gavai and Sandeep Mehta today said the remand copy was not provided in the case, which makes his arrest void.
"There is no hesitation in the mind of the court that the grounds of arrest were not provided, which vitiates the arrest. The appellant is entitled to release from custody after the Pankaj Bansal case. The remand order is invalid," said Justice Mehta.
The top court had held that grounds of arrest must be provided in writing to the accused in its March judgment in the Pankaj Bansal case.
The trial court will impose the bail conditions on Mr Purkayastha.
Additional Solicitor General (ASG) SV Raju, who argued in favour of the police, said while Mr Purkayastha's arrest has been declared void, it may not stop them from exercising their correct powers to arrest.
Justice Gavai replied, "Whatever you are permitted to do under the law, you are permitted."
The Supreme Court had on April 30 questioned the Delhi Police for hastily producing Mr Purkayastha before the magistrate without informing his lawyer after his arrest. The top court had also found it surprising that the remand order was passed even before his lawyer received his remand application.
Senior lawyer Kapil Sibal, appearing for Mr Purkayastha, said he was arrested on October 3 and produced before the magistrate at 6 am the next day. Only legal aid lawyers and the additional public prosecutor were present, and Mr Purkayastha's lawyer was not informed, he said. When Mr Purkayastha objected to this, the investigating officer informed his lawyer through telephone and the remand application was sent to him on WhatsApp, said Mr Sibal.
The principles of natural justice require that Mr Purkayastha's lawyer be present when the remand order is passed, the bench had asserted.
Mr Purkayastha was arrested on October 3 last under the anti-terror law, Unlawful Activities (Prevention) Act, days after a New York Times investigation alleged that NewsClick had received funding from a network pushing Chinese propaganda.
In a March chargesheet that ran 8,000 pages including annexures, Delhi Police accused NewsClick and Mr Purkayastha of terror funding and promoting Chinese propaganda.
It had also arrested NewsClick's HR head Amit Chakravarty on October 3, but in January, a court allowed him to turn approver in the case.
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