LI Network
Published on: October 9, 2023 at 14:38 IST
NewsClick founder Prabir Purkayastha and Human Resources head Amit Chakraborty challenged remand order in the UAPA case, accusing the portal of receiving money for pro-China propaganda.
The Delhi High Court, after hearing arguments from both sides for over 2 hours, has reserved its judgment in this matter.
Senior Advocate Kapil Sibal, representing Purkayastha, argued that his client was not provided with the grounds of arrest and emphasized that no money was received from China.
Solicitor General of India Tushar Mehta, representing Delhi Police, contended that the accused were informed about the grounds of arrest and that serious allegations involving Rs. 75 crores from China were made against them.
Solicitor General of India justified the arrest and the remand order under UAPA Section 43B, which requires informing the accused about the grounds of arrest, although it does not necessitate providing reasons.
Mehta also clarified that the recent Supreme Court judgment stating grounds of arrest must be furnished “henceforth” would not apply retroactively to arrests made before the judgment’s release.
Additionally, Senior Counsel Dayan Krishnan, representing Purkayastha, highlighted the violation of Purkayastha’s rights under Article 22(1) of the Indian Constitution, emphasizing the lack of access to legal representation during the remand order.
This case arose from allegations made after a New York Times report claimed that NewsClick received funds from China to create an “anti-India” atmosphere. NewsClick vehemently denied the accusations, stating that they were not provided with a copy of the FIR and condemning the government’s actions as an assault on journalistic independence.
NewsClick and Purkayastha were already under investigation by the Enforcement Directorate for money laundering, leading to multiple raids and legal battles.
The case title for these matters is “PRABIR PURKAYASTHA v. STATE NCT OF DELHI & ANR. and other connected matters.”
The Delhi High Court has reserved its judgment, leaving the outcome pending.
