New Delhi, May 15, 2024 — In a significant ruling, the Supreme Court of India has declared the arrest of NewsClick founder and editor, Prabir Purkayastha, “invalid” and ordered his immediate release from custody.
A bench comprising Justice BR Gavai and Justice Sandeep Mehta said that a copy of the remand application was not provided to the appellant before passing the remand order on October 4, 2023. Therefore, the arrest and the remand are vitiated.
The arguments in the case were concluded on April 30. It may be recalled that Purkayastha has been in custody since October 2 last year under the Unlawful Activities (Prevention) Act.
The apex court, while directing the release of Purkayastha forthwith, said that the prosecution has failed to provide a copy of the remand application showing the grounds of arrest in writing to the accused-appellant or his counsel before the passing of the remand order on October 4, 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.
Citing a judgment passed in the case of Pankaj Bansal, the top court said: “This Court therefore orders the release of Prabir Purkayasatha.”
However, it directed that the release would be subject to furnishing the bail bonds to the satisfaction of the trial court.
Purkayasatha had filed the petition, assailing a decision of the Delhi High Court upholding his arrest by the Delhi Police.
The co-accused and NewsClick human resources head Amit Chakraborty had also approached the top court challenging his arrest, but he was allowed to withdraw his plea after he turned approver for the Enforcement Directorate and was granted a pardon.
After the order was passed by the court Wednesday, Additional Solicitor General SV Raju asked the court: “ We need to have one clarification, since arrest has been declared void, it may not preclude us from exercising our correct powers to arrest.”
To this Justice Gavai said, “We are not saying anything on that. Whatever you are permitted to do under law, you are permitted.”
A good day for independent media!#PrabirPurkayastha #NewsClick pic.twitter.com/e3h5AoMtDP
— NewsClick (@newsclickin) May 15, 2024
Background
- Arrest Date: Prabir Purkayastha was arrested by the Delhi Police Special Cell on October 3, 2023.
- Charges: The arrest was made in connection with a case under the Unlawful Activities (Prevention) Act (UAPA).
Supreme Court Verdict
- The bench of Justices B. R. Gavai and Sandeep Mehta unequivocally stated that there was “no hesitation” in their minds regarding the invalidity of Purkayastha’s remand order and the illegality of his arrest.
- The court emphasized that the accused-appellant was not provided with the grounds for arrest in writing before the remand order was passed, which violated due process.
- Citing a precedent, the court ruled that this procedural flaw rendered the arrest void, entitling Purkayastha to immediate release.
Implications
- The decision underscores the importance of safeguarding individual rights, even in cases involving national security.
- Purkayastha’s release serves as a reminder that justice must prevail, and legal procedures must be meticulously followed.
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Nikhil Malhotra 
