NEW DELHI: In a recent legal development, the Delhi High Court has ruled against NewsClick founder and editor-in-chief Prabir Purkayastha and HR head Amit Chakravarty. Their pleas challenging their arrest and detention in a case related to the Unlawful Activities (Prevention) Act (UAPA) were dismissed. The allegations against them revolved around accusations that the news portal had received funds to promote pro-China propaganda.
The decision was handed down by Justice Tushar Rao Gedela in a single-judge bench. Justice Gedela considered the contents of the remand application and noted that the core reasons for their arrest were contained in the application. Furthermore, the court emphasized that the remand application was provided to Purkayastha's counsel within 24 hours of his arrest and that Purkayastha's counsel had participated in the remand proceedings, opposing them telephonically with the special judge.
The high court also highlighted that there was no evidence to support the claims made in Purkayastha's plea. Purkayastha had asserted that he received a copy of the FIR after he had requested it from the special judge on October 5, but the court found that there was no information about his plea against the remand filed on October 4.
The court concluded that the grounds for arrest were conveyed to Purkayastha in a timely manner, and there was no procedural violation. It also clarified that Section 19(2) of the Prevention of Money Laundering Act (PMLA) and Section 43B of the UAPA were not on the same subject, and the PMLA required written grounds for arrest, while the UAPA did not.
The high court noted that the Supreme Court's decision in the M3M directors' case regarding written grounds of arrest did not directly apply to a UAPA case. It recommended that the authorities should provide the grounds of arrest in writing, redacting sensitive material, to avoid challenges to arrests.
Regarding Amit Chakravarty's physical disability covered by The Rights Of Persons With Disabilities Act, the court declined to pass any favorable orders. This decision was based on the seriousness of the alleged offenses, which were seen as impacting national security and integrity.
The Delhi High Court's ruling upheld the legality of the arrests and emphasized the importance of following appropriate procedures in such cases, although it did recommend providing written grounds for arrest in UAPA cases to avoid future challenges.
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