On Wednesday, in a significant turn of events, the Supreme Court pronounced the arrest of NewsClick founder and Editor-in-Chief, Prabir Purkayastha, illegal.
The apex court deemed his arrest by the Delhi police, along with his subsequent remand under the Unlawful Activities (Prevention) Act 1967, as invalid under the law.
The Court decided after noticing a critical oversight in Purkayastha’s arrest procedure.
Specifically noted by the Court was the absence of provision of a copy of the remand application to neither Purkayastha nor his legal representative before the passing of the remand order on October 4, 2023.
This failure to supply the grounds of arrest in writing directly violated Purkayastha’s legal rights.
Justice BR Gavai and Justice Sandeep Mehta presided over the case, ultimately ordering Purkayastha’s release.
The Court ordered his release, conditioned on his provision of bail and bonds satisfying the trial Court, given the filed chargesheet.
The legal battle ensued after Purkayastha challenged the legality of his arrest, citing a lack of written grounds for his detention, as mandated by a precedent set by the Supreme Court in the Pankaj Bansal case.
The Delhi police asserted that the grounds were contained within the remand application. However, the Court maintained that this procedure was insufficient.
During the proceedings, the Court questioned the hot haste exhibited by the Delhi Police in producing Purkayastha before the Magistrate at 6 AM on the day of his arrest. The police did so without informing his legal counsel.
The Supreme Court’s verdict also nullified a previous judgment by the Delhi High Court, which had upheld Purkayastha’s arrest.
Notably, co-accused Amit Chakraborty, NewsClick’s human resources head, withdrew his plea. He challenged his arrest after agreeing to cooperate with the Enforcement Directorate.
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