UAPA Case: Supreme Court set aside the arrest and remand of Prabir Purkayastha, the Chief Editor of the online news portal NewsClick

Today (May 15, 2024), the Supreme Court (SC) set aside the arrest and remand of the Chief Editor of the online news portal NewsClick, Prabir Purkayastha, in connection with a case under the UAPA (Unlawful Activities (Prevention) Act). The bench comprising Justice BR Gavai and Justice Sandeep Mehta declared his arrest by Delhi Police and remand as illegal. The order was passed after the SC bench noted that a copy of the remand application was not provided to the Chief Editor, violating the principle of natural justice. The order of the SC reads, “There is no hesitation in the mind of the Court to reach to a conclusion that a copy of the remand application, in the purported exercise of the communication of the grounds of arrest in writing, was not provided to the accused-appellant or his counsel before the passing of the remand order dated 4th October 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 by applying the ration of the judgment rendered by this court in Pankaj Bansal.” Earlier on April 30, the SC bench reserved the judgment in the matter after hearing arguments from both parties. 

During the proceedings, Senior Advocate Kapil Sibal and Additional Solicitor General SV Raju appeared for Purkayastha and the Delhi police respectively. Additional SG Raju contended that “now the investigation has been completed and charge sheet has also already been filed and, thus, the illegality/irregularity, if any, in the arrest of the appellant and the grant of initial police custody remand stands cured and hence, the appellant cannot claim to be prejudiced by the same.” Considering this, while concluding the judgment, the SC bench said “Though we would have been persuaded to direct the release of the appellant without requiring him to furnish bonds or security but since the charge sheet has been filed, we feel it appropriate to direct that the appellant shall be released from custody on furnishing bail and bonds to the satisfaction of the trial Court.”