Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Access Denied
    Access Denied Nation
  • Britain announces 50 million pounds Syria aid package
    Britain announces 50 million pounds Syria aid package World
  • NDTV World Summit: Access, Ambition, Attainment
    NDTV World Summit: Access, Ambition, Attainment World
  • NCP’s Chhagan Bhujbal To Ajit Pawar On Exclusion From Cabinet
    NCP’s Chhagan Bhujbal To Ajit Pawar On Exclusion From Cabinet Nation
  • Nestle sacks CEO over ‘undisclosed romantic relationship’ in office
    Nestle sacks CEO over ‘undisclosed romantic relationship’ in office Business
  • The Rohingya Crisis And India’s Stance On Those Seeking Asylum
    The Rohingya Crisis And India’s Stance On Those Seeking Asylum Nation
  • Access Denied
    Access Denied Nation
  • Access Denied Sports
“Giving Grounds Of Arrest In Writing Not Mandated By Anti-Terror Law, But Advisable”: Delhi High Court

“Giving Grounds Of Arrest In Writing Not Mandated By Anti-Terror Law, But Advisable”: Delhi High Court

Posted on October 13, 2023 By admin


The court said the police could do so after redacting “sensitive material”.

New Delhi:

The Delhi High Court on Friday said furnishing grounds of arrest in writing to a person being arrested was not mandated under the Unlawful Activities (Prevention) Act but it was “advisable” that the police henceforth provide it after redacting “sensitive material”.

Justice Tushar Rao Gedela, while dealing with a petition by NewsClick founder Prabir Purkayastha against his arrest and subsequent police remand in a case lodged under UAPA, said the anti-terror law only provided for the accused to be “informed” about the arrest within 24 hours of being apprehended.

The judge also held that the recent Supreme Court decision directing the Enforcement Directorate to henceforth furnish the grounds of arrest to the accused in writing “without exception” cannot be made applicable to UAPA cases as the sensitivity of the information gathered by the investigating authorities in the latter is of “greater significance having direct impact on the issues relating to national security”.

“It is held that the grounds of arrest need to be informed to the arrestee within 24 hours of such arrest, however furnishing of such grounds, in writing, are not mandated by the UAPA,” the court said.

“Keeping in view the law laid down by the Supreme Court in (the case of) Pankaj Bansal, and also considering the stringent provisions of UAPA, it would be advisable that the respondent, henceforth, provide grounds of arrest in writing, though after redacting what in the opinion of the respondent would constitute ‘sensitive material’,” the court said.

This approach, it said, would obviate any challenge to the arrest in a case such as the present one.

The court also observed that the order of the top court on furnishing grounds of arrest in writing, which was being relied upon the by petitioner to seek relief, was passed in view of the statutory provisions under the Prevention of Money Laundering Act (PMLA) and there was “no such similar statutory obligation” under UAPA.

“Clearly the PMLA is an enactment for maintaining the internal law and order in relation to financial crimes and may or may not have relation to threats to the stability, sovereignty and integrity of this country,” the court observed.

“Thus, the ratio laid down by the Supreme Court in Pankaj Bansal while relying upon (the case of) V Senthil Balaji which was purely in relation to the provisions of PMLA cannot, by any stretch of imagination, be made applicable, mutatis mutandis (with the necessary changes having been made), to the cases arising under UAPA,” it said.

The court ultimately dismissed the petition by Mr Purkayastha as well as the portal’s human resources department head Amit Chakravarty, holding that there was no “procedural infirmity” or violation of legal or constitutional provisions in relation to the arrest.

Mr Purkayastha and Mr Chakravarty were arrested by the Special Cell of the Delhi Police on October 3 in the case lodged under anti-terror law Unlawful Activities (Prevention) Act (UAPA) for allegedly receiving money to spread pro-China propaganda.

They subsequently moved the high court challenging the arrest as well as the seven-day police custody and sought immediate release as an interim relief.

On October 10, the trial court sent them to judicial custody for ten days.

According to the FIR, a large amount of funds to the news portal allegedly came from China to “disrupt the sovereignty of India” and cause disaffection against the country.

It also alleged that Mr Purkayastha conspired with a group – People’s Alliance for Democracy and Secularism (PADS) – to sabotage the electoral process during the 2019 Lok Sabha polls. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

Nation Tags:Delhi High court, newsclick, UAPA

Post navigation

Previous Post: Cricket World Cup 2023 Points Table: New Zealand Replace South Africa At Top Spot With Win Over Bangladesh
Next Post: Benjamin Netanyahu Says Israel’s Gaza Offensive “Just The Beginning”

Related Posts

  • Every Family In Delhi-NCR Has Pollution-Related Health Issues: Survey
    Every Family In Delhi-NCR Has Pollution-Related Health Issues: Survey Nation
  • Congress is still atoning for Mamata’s expulsion, says party veteran Pradip Bhattacharya
    Congress is still atoning for Mamata’s expulsion, says party veteran Pradip Bhattacharya Nation
  • Access Denied
    Access Denied Nation
  • Access Denied
    Access Denied Nation
  • Brij Bhushan Sexual Harassment Case: Court Records Wrestler’s Statement
    Brij Bhushan Sexual Harassment Case: Court Records Wrestler’s Statement Nation
  • Congress vs BJP Parliament Debate Is Just A Teaser For More Disruption And Chaos
    Congress vs BJP Parliament Debate Is Just A Teaser For More Disruption And Chaos Nation

More Related Articles

Mamata Banerjee Disowns Brother Babun Banerjee, But This Isn’t Their 1st Public Spat Mamata Banerjee Disowns Brother Babun Banerjee, But This Isn’t Their 1st Public Spat Nation
6 Big Leaders To Watch Out For In 1st Phase Of Lok Sabha Polls 2024 Tomorrow 6 Big Leaders To Watch Out For In 1st Phase Of Lok Sabha Polls 2024 Tomorrow Nation
Access Denied Access Denied Nation
Access Denied Access Denied Nation
Access Denied Access Denied Nation
Access Denied Access Denied Nation
SiteLock

Archives

  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Rubio defends new U.S. sanctions on Cuba, targeting military-run conglomerate GAESA
  • CCI orders antitrust probe into liquor giant Pernod’s dealing with retailers
  • Actor Madhu presented with Krishnanjali Award
  • UN mission in Democratic Republic of Congo warns of wave of attacks in east
  • ‘Pursue engineering from government colleges’

Recent Comments

  1. JasonCobby on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. Andrewveift on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. KennethCof on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. WalterAston on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. JosephSpupE on UP Teacher Who Asked Students To Slap Muslim Classmate
  • Access Denied World
  • India-Pakistan Clash “Overhyped, There’s Nothing In It”: Harbhajan Singh’s No-Nonsense View
    India-Pakistan Clash “Overhyped, There’s Nothing In It”: Harbhajan Singh’s No-Nonsense View Sports
  • ISRO celebrates National Space Day at MBU campus
    ISRO celebrates National Space Day at MBU campus Science
  • Britain sees no evidence that Iran is targeting Europe with missiles
    Britain sees no evidence that Iran is targeting Europe with missiles World
  • How can candle wicks hold a flame for so long?
    How can candle wicks hold a flame for so long? Science
  • Cricket World Cup 2023: Ravichandran Ashwin Makes “Could Be My Last” Admission
    Cricket World Cup 2023: Ravichandran Ashwin Makes “Could Be My Last” Admission Sports
  • Sri Lanka vs New Zealand Live Streaming, 2nd ODI: When And Where To Watch Live Telecast
    Sri Lanka vs New Zealand Live Streaming, 2nd ODI: When And Where To Watch Live Telecast Sports
  • Israel PM Benjamin Netanyahu hopes to announce release of all hostages from Gaza ‘in coming days’
    Israel PM Benjamin Netanyahu hopes to announce release of all hostages from Gaza ‘in coming days’ World

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.