New Delhi, May 15, 2024 – In a landmark decision, the Supreme Court on Wednesday ruled that the arrest of NewsClick founder and Editor-in-Chief Prabir Purkayastha by Delhi police was illegal. The Court also invalidated his remand under the Unlawful Activities (Prevention) Act (UAPA) of 1967, ordering his release.
The bench, comprising Justices BR Gavai and Sandeep Mehta, found that the Delhi police had failed to provide Purkayastha and his counsel with a copy of the remand application before issuing the remand order on October 4, 2023. This omission meant that the grounds for his arrest were not properly communicated in writing, as required by law. The police had contended that serving the remand application fulfilled this requirement, but the Court disagreed.
"There is no hesitation in the mind of the Court to conclude that a copy of the remand application, in the purported exercise of communicating the grounds of arrest in writing, was not provided to the accused-appellant or his counsel before the passing of the remand order dated October 4, 2023. This vitiates the arrest and the subsequent remand of the appellant," the Court stated. Consequently, the Court directed Purkayastha's release, subject to his furnishing bail and bonds to the satisfaction of the trial court, as a chargesheet had already been filed.
Purkayastha has been in custody since October 3, 2023, accused of receiving Chinese funds to propagate anti-national propaganda. Represented by Senior Advocate Kapil Sibal, he challenged the legality of his arrest, citing non-compliance with the Supreme Court’s judgment in Pankaj Bansal, which mandates that grounds for arrest must be provided in writing. Additional Solicitor General SV Raju represented the Delhi Police.
During the hearings, the Supreme Court highlighted irregularities in the remand process, noting that the order was recorded at 6 AM on October 4, 2023, while the remand application was served to Purkayastha's lawyer much later. The Court questioned the Delhi Police's urgency in presenting Purkayastha before the Magistrate at such an early hour without informing his lawyer, and expressed surprise that the remand order was passed before the application was served.
The Delhi Police argued that the time recorded in the remand order was incorrect and that the order was issued after serving the counsel. However, the Court did not accept this explanation, adhering to the judicial order's recorded time.
The Supreme Court's verdict also overturned a Delhi High Court decision that had upheld Purkayastha's arrest. Co-accused Amit Chakraborty, NewsClick's head of human resources, had also approached the Supreme Court but withdrew his plea after becoming an approver for the Enforcement Directorate and receiving a pardon.
The Court had previously directed the All India Institute of Medical Sciences (AIIMS) to conduct an independent medical evaluation of Purkayastha, which was completed by March 20.
For detailed background and previous reports, click here.
**Case Details:** Prabir Purkayastha v. State, Diary No. 42896 of 2023.
