Supreme Court Says Arrest & Remand of Prabir Purkayastha Is 'Illegal', Orders His Release
Moneylife Digital Team 15 May 2024
The Supreme Court (SC) on Wednesday ordered the release of Prabir Purkayastha, founder and editor of NewsClick, in the Unlawful Activities (Prevention) Act (UAPA) case after holding that his arrest by Delhi police and remand were illegal.
 
A bench of justice BR Gavai and justice Sandeep Mehta issued the order. The bench noted that before passing the remand order on 4 October 2023, a copy of the remand application was not provided to Mr Purkayastha or his counsel. 
 
"There is no hesitation in the mind of the Court to reach 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 4 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," the SC says.
 
The apex court also set aside the order issued by Delhi High Court (HC) upholding Mr Purkayastha's arrest by Delhi police. 
 
Amit Chakraborty, co-accused in the case and head for human resources at NewsClick, had also approached SC, challenging his arrest. However, after turning approver for the enforcement directorate (ED), he was allowed to withdraw his petition and granted a pardon.
Comments
s5rwav
2 months ago
Accountability of the Public Administration in India Strongly Justify for the Cabinet Secretary to Govt of India to Comulsory Retire the Police Commissioner of Delhi for Continuing this Legally Untenable Coercive Criminal Case against the Person who has Not been Proved Guilty by the Supreme Court of India.
david.rasquinha
2 months ago
So there is no hesitation in the SC's mind. Fine. What then? Who will restore (and how) the seven months Mr. PP spent behind bars illegally? What action, if any, will be taken against the Delhi Police for the illegal arrest and harassment?
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