SC Holds NewsClick Editor Prabir Purkayastha’s Arrest Illegal, Allows Release On Bail Bond

The Supreme Court on Monday said that NewsClick Editor Prabir Purkayastha’s arrest by the Delhi Police’s in UAPA case was illegal and declared it void.

Supreme Court directed Prabir Purkayastha to furnish bail bond before release. ( Image Source :PTI )

The Supreme Court on Monday held that NewsClick Editor Prabir Purkayastha’s arrest by the Delhi Police’s in Unlawful Activities (Prevention) Act (UAPA) case was illegal and declared it void. However, the court directed him to furnish bail bond before release.

A bench of Justices BR Gavai and Sandeep Mehta pronounced the verdict and said that the copy of the remand application was not provided to the Purkayastha, which vitiates his arrest following the Pankaj Bansal case.

The bench noted that a copy of the remand application was not provided to the appellant or his counsel before passing the remand order on October 4, 2023 and held that the arrest and the remand are vitiated.

"Though we would have released him without surety, but since chargesheet has been filed... we release him with surety and bail bond." the bench said.

The news portal courted trouble after raids were conducted in October 2023 across 88 locations in Delhi and seven in other states. In the raid, around 300 electronic gadgets were also seized from the offices of NewsClick and the residences of the journalists who were examined. 

Prabir Purkayastha and Human Resources head Amit Chakravarty were arrested in Octover 2023 under the provisions of the UAPA over allegations that the media outlet received money to spread pro-China propaganda.

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.

Purkayastha had filed the petition against the Delhi High Court judgment upholding his arrest by the Delhi Police. In a big relief to the NewsClick Editor, the Supreme Court today set aside the Delhi High Court's judgment and allowed his release.

Senior Advocate Kapil Sibal appeared for the NewsClick Editor and Additional Solicitor General SV Raju appeared for the Delhi Police.