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In a significant development, the Supreme Court on Wednesday (May 15) declared as illegal the arrest of NewsClick founder and Editor-in-Chief Prabir Purkayastha by the Delhi Police and his subsequent remand in a case under the Unlawful Activities (Prevention) Act 1967.
The Court noted that a copy of the remand application was not provided to Purkayastha or his counsel before the passing of the remand order on October 4, 2023. This meant that the grounds of the arrest were not supplied to him in writing, which is a violation of the Supreme Court's judgment in Pankaj Bansal.
The Court further observed that the remand order was recorded to have been passed at 6 AM on October 4, 2023, but the copy of the remand application was served on Purkayastha's lawyer much later. The Court expressed surprise at this fact and questioned the Delhi Police's "hot haste" in producing Purkayastha before the Magistrate at such an early hour without informing his lawyer.
The Delhi Police's argument that the time recorded in the remand order (6 AM) was wrong and that the remand order was passed after serving the counsel of the accused did not impress the Court. The Court asserted that it would go only by the time recorded in the judicial order.
The Court also noted that the Delhi High Court had upheld Purkayastha's arrest, but the Supreme Court set aside the High Court's judgment as well.
Purkayastha had approached the Supreme Court challenging the legality of his arrest, contending that the grounds of arrest were not supplied to him in writing as mandated by the Supreme Court's judgment in Pankaj Bansal. The Delhi Police contended that the grounds of arrest were contained in the remand application.
Purkayastha is in custody since October 3 last year under the Unlawful Activities (Prevention) Act in a case over receiving Chinese funds to propagate anti-national propaganda. Senior Advocate Kapil Sibal appeared for Purkayastha and Additional Solicitor General SV Raju appeared for the Delhi Police.
The Supreme Court ordered the release of Prabir Purkayasatha, subject to him furnishing the bail and bonds to the satisfaction of the trial Court, since chargesheet has been filed.
The Court's verdict is a significant blow to the Delhi Police and raises questions about the legality of Purkayastha's arrest and remand. It is also a victory for freedom of the press and the right to dissent.
While the case was pending, the court had directed the constitution of a board by the All India Institute of Medical Science (AIIMS) for Purkayastha's independent medical evaluation. This report was received by March 20.