The
Supreme Court on Wednesday quashed the arrest of NewsClick editor Prabir
Purkayastha, ordering his release in a Unlawful Activities (Prevention) Act,
1967 (UAPA) case linked to running alleged Chinese propaganda.
The
Special Cell of Delhi Police had arrested Purkayastha on October 3
last year for allegedly trying to “disrupt the sovereignty of India” by using
Chinese funds for his news portal. He is in judicial custody.
"There is no hesitation in the mind of the
Court to reach to a conclusion that a copy of the remand application, in the
purported exercise of the communication of the grounds of arrest in writing,
was not provided to the accused-appellant or his counsel before the passing of
the remand order dated 4th October, 2023, which vitiates the arrest and the
subsequent remand of the appellant. As a result, the appellant is entitled to a
direction for release from custody," said the court.
As
the arrest and the remand were declared invalid according to the law, the court
ordered Prukayastha’s release. The decision followed after Purkayastha had
approached the Court challenging the legality of his arrest.
The
development takes place nearly two weeks after a Delhi court took cognisance of
the charge sheet Purkayastha on April 30. Additional Sessions Judge Hardeep
Kaur had said that there was sufficient evidence against the accused in the
case.
The
judge had fixed May 31 for arguments on framing of charges in the matter.
Raids
were conducted on October 3 in the case at 88 locations in Delhi and seven in
other states. Nearly 300 electronic devices were seized from the offices of
NewsClick and the residences of the journalists who were examined. The Special
Cell has examined 46 individuals in the probe since the raids.