Delhi High Court junks NewsClick founder's plea against arrest under UAPA

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New Delhi, October 13

The Delhi High Court on Friday dismissed petitions filed by NewsClick founder Prabir Purkayastha and human resources department head Amit Chakravarty challenging their arrest and subsequent police remand in a case under stringent provisions of the Unlawful Activities (Prevention) Act (UAPA).

National security

The court emphasised that offences under the Unlawful Activities (Prevention) Act directly impacted the stability, integrity and sovereignty of the country and were of utmost importance since these affected national security.

Holding that there was no “procedural infirmity” or violation of legal or constitutional provisions in relation to the arrest and the remand order was sustainable in law, Justice Tushar Rao Gedela rejected their petitions for being “devoid of any merit”.

Justice Gedela dismissed their contention that they ought to have been supplied with the grounds of arrest after being apprehended by the police, saying the UAPA did not mandate furnishing the written grounds and only talked of the accused being “informed” about the reasons for arrest within 24 hours.

“After examining the entire issue in the right perspective, it appears as of now that the grounds of arrest were indeed conveyed to the petitioner, as soon as may be, after the arrest and as such there does not appear to be any procedural infirmity or violation of the provisions of Section 43B of the UAPA or Article 22(1) of the Constitution and as such, the arrest are in accordance with law,” it noted. The court emphasised that offences under the Unlawful Activities (Prevention) Act directly impacted the stability, integrity and sovereignty of the country and were of utmost importance since they affected national security.

However, in view of the recent SC verdict in the Pankaj Bansal case, the HC said it would be “advisable” that the police henceforth provide the grounds of arrest in writing to an accused after redacting “sensitive material”.

A case was lodged by the Delhi Police against the duo under the UAPA for allegedly receiving money to spread pro-China propaganda. According to the FIR, a large amount of funds to the news portal allegedly came from China to “disrupt the sovereignty of India” and cause disaffection against the country. Purkayastha conspired with a group — People’s Alliance for Democracy and Secularism — to sabotage the electoral process during the 2019 Lok Sabha polls, the police alleged. — (With PTI inputs)