In a significant ruling, the Supreme Court of India mandated the immediate liberation of NewsClick founder Prabir Purkayastha, concluding the arrest and subsequent detainment under the Unlawful Activities (Prevention) Act (UAPA) lacked legal validity.
This resolution underpins the judiciary’s firm stance on due process and the critical inspection of arrest protocols.
Background of the Case
The arrest of Prabir Purkayastha on October 3 last year by the Special Cell of Delhi Police marked a high-profile case that captured national interest. Charges against Purkayastha included receiving funds from China purportedly to “disrupt the sovereignty of India” and foster “disaffection against the country.”
These allegations arose from an inquiry into the funding sources of NewsClick, a news portal, which police claimed received significant financing from Chinese interests.
Furthermore, the case involved assertions of conspiracies with groups aimed at sabotaging India’s electoral integrity during the 2019 Lok Sabha polls.
The extensive investigation saw raids across 88 locations in Delhi and seized around 300 electronic devices in a sweeping action that highlighted the case’s severity.
Supreme Court’s Judgment
A bench led by Justice BR Gavi and Justice Sandeep Mehta concluded that the arrest and remand of Purkayastha were “invalid.”
The judgment pointed out a crucial procedural lapse: the failure to provide the remand application and the grounds for arrest to Purkayastha or his legal counsel before the trial court decided on the custody application.
Despite the filing of a charge sheet by Delhi police, the Supreme Court’s direction to release Purkayastha on bail, with conditions determined by the trial court, underscores a pivotal moment in the legal proceedings of this case.
It emphasizes the judiciary’s role in ensuring lawful procedures in arrests and detentions, particularly under stringent laws like the UAPA.
Implications of the Judgment
This ruling sends a clear message about the importance of due process and legal protocols, especially in cases involving significant charges like those under the UAPA.
It highlights the judiciary’s oversight in cases where there may be potential overreach or procedural discrepancies by law enforcement agencies.
Conclusion
The Supreme Court’s order for the immediate release of NewsClick founder Prabir Purkayastha not only brings a significant turn in a closely watched case but also sets a precedent about the adherence to legal standards and procedural integrity.
The judgment is a reminder of the balancing act the judiciary plays in upholding laws while ensuring individual rights are not sidestepped.
As Purkayastha prepares for his release, the broader implications of this ruling for press freedom and legal processes in India remain a focal point of discussions across the nation.
