The Delhi High
Court on Friday sought the stand of the city police on a plea by NewsClick
founder Prabir Purkayastha challenging the FIR against him under anti-terror
law UAPA over allegations of spreading pro-China propaganda.
Justice Swarana
Kanta Sharma issued notice on the petition that was filed in 2023 after the
journalist's arrest in October.
The counsel for
the Delhi Police opposed issuance of notice on the petition and informed the
court that the news portal's human resources department chief Amit Chakravarty
has turned an approver the case.
The Special Cell
of Delhi Police had arrested Purkayastha and Chakravarty on October 3 last year
and both of them are currently in judicial custody.
According to the
FIR, a large amount of funds to the portal came from China to "disrupt the
sovereignty of India" and cause disaffection against the country.
It also alleged
Purkayastha conspired with a group -- People's Alliance for Democracy and
Secularism (PADS) -- to sabotage the electoral process during the 2019 Lok
Sabha polls.
In his petition,
Purkayastha has said the UAPA FIR is the second such based on the "same
allegations and same alleged conspiracy" being probed in an already
pending FIR lodged by the Economic Offences Wing (EOW), which is not
permissible.
It said no
offence under the Unlawful Activities Prevention Act (UAPA) or IPC are made out
against the petitioner and the FIR is malafide.
"The FIR are
centered around purely journalistic work carried out by the said Company which
may involve criticism of the functioning of the incumbent Government regarding
its functioning, policies etc. Impartial and fair journalism and criticism of
the Government cannot be equated with questioning the sovereignty or integrity
of India," the petition said.
"It is
submitted that if such fair and impartial reporting and journalism is given the
colour of an offence under UAPA by alleging it to be unlawful activities, the
same would infringe upon the right to freedom of speech and expression which is
protected as a fundamental right under Art. 19(l)(a) of the Constitution of
India," the plea claimed.
According to
police, raids were conducted at 88 locations in Delhi and seven in other states
on October 3 last year on the suspects named in the FIR and those that surfaced
in the analysis of data.
Around 300
electronic gadgets were also seized from the offices of NewsClick and the
residences of the journalists who were examined. Following the raids, 46
individuals, including nine female journalists, were questioned by the Special
Cell.
On October 13,
the high court had refused to interfere with the arrest and subsequent police
remand of Purkayastha and Amit Chakravarty.
The matter would
be heard next in July.