In a groundbreaking decision, the Supreme Court has denounced the arrest and subsequent remand of Prabir Purkayastha, the visionary behind NewsClick, by the Delhi police under the Unlawful Activities (Prevention) Act of 1967 as illegal. The court’s ruling, delivered on Wednesday, May 15, has stirred waves of relief and vindication across the journalistic realm.
The apex court unearthed a critical flaw in the legal proceedings: Purkayastha and his legal representatives were not furnished with a copy of the remand application prior to the remand order issued on October 4, 2023. This egregious oversight meant that the grounds for his arrest were never formally communicated in writing—a fundamental right that was unceremoniously brushed aside by the authorities. Despite the Delhi police’s feeble attempt to justify their actions by citing the remand application as adequate grounds for arrest, the Court remained resolute in its condemnation.
In a resounding pronouncement, the bench of Justices BR Gavai and Sandeep Mehta cited the precedent set forth in the case of Pankaj Bansal, unequivocally declaring Purkayastha’s detention and subsequent remand null and void. Consequently, the Court issued a directive for Purkayastha’s immediate release from custody, pending the fulfillment of bail requirements and bonds, in light of the pending chargesheet.
This legal saga, which commenced with Purkayastha’s apprehension on October 3 the preceding year under allegations of receiving funds from Chinese sources to disseminate anti-national rhetoric, has finally culminated in a triumph for justice. Represented by the esteemed Senior Advocate Kapil Sibal, Purkayastha fervently contested the legality of his arrest, invoking the guiding principles of due process enshrined in the highest echelons of legal jurisprudence.
Throughout the proceedings, the Court cast a scrutinizing eye on the conduct of the Delhi police, particularly their hastened actions in producing Purkayastha before the Magistrate at an unearthly hour, devoid of any notification to his legal counsel. The discrepancy between the recorded time of the remand order and the actual service of the remand application further eroded the credibility of the authorities’ narrative, much to the Court’s dismay.
In a damning rebuke, the Supreme Court overturned the judgment of the Delhi High Court, thereby vindicating Purkayastha’s steadfast assertion of innocence. Notably, co-accused Amit Chakraborty, erstwhile head of human resources at NewsClick, pursued a similar course of legal recourse but ultimately withdrew his plea after striking a deal with the Enforcement Directorate.
In a testament to the Court’s commitment to upholding the sanctity of justice, it had previously ordered an independent medical evaluation of Purkayastha by a board convened by the All India Institute of Medical Science (AIIMS). The receipt of this report in March further bolstered Purkayastha’s case and underscored the urgency of rectifying this grave miscarriage of justice.
As the dust settles on this protracted legal battle, Purkayastha’s liberation stands as a beacon of hope for all those who champion the cause of press freedom and the rule of law. This watershed moment serves as a stark reminder that even in the face of adversity, the spirit of resilience and unwavering commitment to truth shall invariably triumph.
