New Delhi:

The Supreme Court has ordered the release of NewsClick founder Prabir Purkayastha, declaring that his arrest by the Delhi Police under the anti-terror law was illegal. A bench of Justices BR Gavai and Sandeep Mehta today said the remand copy was not provided in the case, which makes his arrest void.

“There is no hesitation in the mind of the court that the grounds of arrest were not provided, which vitiates the arrest. The appellant is entitled to release from custody after the Pankaj Bansal case. The remand order is invalid,” said Justice Mehta.

The top court had held that grounds of arrest must be provided in writing to the accused in its March judgment in the Pankaj Bansal case.

The trial court will impose the bail conditions on Mr Purkayastha.

Additional Solicitor General (ASG) SV Raju, who argued in favour of the police, said while Mr Purkayastha’s arrest has been declared void, it may not stop them from exercising their correct powers to arrest.

Justice Gavai replied, “Whatever you are permitted to do under the law, you are permitted.”

The Supreme Court had on April 30 questioned the Delhi Police for hastily producing Mr Purkayastha before the magistrate without informing his lawyer after his arrest. The top court had also found it surprising that the remand order was passed even before his lawyer received his remand application.

Senior lawyer Kapil Sibal, appearing for Mr Purkayastha, said he was arrested on October 3 and produced before the magistrate at 6 am the next day. Only legal aid lawyers and the additional public prosecutor were present, and Mr Purkayastha’s lawyer was not informed, he said. When Mr Purkayastha objected to this, the investigating officer informed his lawyer through telephone and the remand application was sent to him on WhatsApp, said Mr Sibal.

The principles of natural justice require that Mr Purkayastha’s lawyer be present when the remand order is passed, the bench had asserted.

Mr Purkayastha was arrested on October 3 last under the anti-terror law, Unlawful Activities (Prevention) Act, days after a New York Times investigation alleged that NewsClick had received funding from a network pushing Chinese propaganda.

In a March chargesheet that ran 8,000 pages including annexures, Delhi Police accused NewsClick and Mr Purkayastha of terror funding and promoting Chinese propaganda.

It had also arrested NewsClick’s HR head Amit Chakravarty on October 3, but in January, a court allowed him to turn approver in the case.

New Delhi::

The Delhi Police on Saturday filed its first chargesheet, spread across about 8,000 pages, in the UAPA case against NewsClick and its founder Prabir Purkayastha for allegedly pushing Chinese propaganda, naming him and the firm owning the portal as accused.

The final report was filed by the Delhi Police Special Cell before Additional Sessions Judge Hardeep Kaur.

According to special public prosecutors, Akhand Pratap Singh and Suraj Rathi, the chargesheet names Mr Purkayastha and PPK NEWSCLICK Studio Private Limited as accused.

Court sources said the chargesheet contains over 8,000 pages, including annexures. The matter has been posted for further proceedings on April 16.

The court granted extensions to the Delhi Police to file the chargesheet, first in December last year and then in February this year. Later, on March 20, it again extended the time required to file the final report by 10 days after noting the submissions of the public prosecutors.

Section 43 D of Unlawful Activities (Prevention) Act (UAPA) extends the time required to complete the investigation from 90 days to up to 180 days.

The Delhi Police Special Cell had last year registered a case under sections 13, 16, 17, 18 and 22 of the UAPA along with sections 153A (promoting enmity between groups) and 120B (criminal conspiracy) of the Indian Penal Code in the matter.

It also arrested NewsClick’s founder Prabir Purkayastha and Human Resources head Amit Chakravarty on October 3, 2023.

In January this year, the present court allowed Mr Chakravarty’s application seeking the court’s permission to turn approver.

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

New Delhi:

Delhi court Tuesday sent to 10-day judicial custody NewsClick founder Prabir Purkayastha and human resources department head Amit Chakravarty, arrested in a case lodged under anti-terror law UAPA over allegations that the news portal received money to spread pro-China propaganda. The two were produced before Additional Sessions Judge Hardeep Kaur around 2:50 PM.

The prosecution sought 10 days judicial custody for the duo, which was firmly opposed by Mr Purkayastha’s counsel, who asserted “prima facie” no case was made out against his client.

“What terrorist act have I committed? How can I as a journalist commit such an act? What is the allegation in the FIR? That we have done critical reporting of (government’s) Covid policy and farmers protest. Is that terrorism?” the lawyer said.

The counsel said if there was even an iota of doubt about their guilt, sending them to judicial custody will be a “travesty of justice”.

The counsel for Mr Chakravarty argued he was not a journalist nor had he received any payment.

 “There is no such allegation that there is a map of India, published by Newsclick, that shows India without Kashmir and Arunachal Pradesh,” he said.

Countering the arguments, the Special Public Prosecutor (SPP) Atul Shrivastava said the case was at a stage when evidence was still being collected, and the prosecution has sought judicial custody for the accused in all “fairness”.

The Special Cell of Delhi Police had arrested Mr Purkayastha and Mr Chakravarty on October 3. Police also sealed NewsClick’s office in Delhi.

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

It also alleged 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.

Raids were conducted at 88 locations in Delhi and seven in other states on October 3 on the suspects named in the FIR and those that surfaced in the analysis of data, police said.

Around 300 electronic gadgets were also seized from the offices of NewsClick and the residences of the journalists who were examined.  Following the raids, 46 individuals, including nine female journalists, were questioned by the Special Cell in Delhi and NCR.

The Delhi High Court Monday reserved its order on pleas by Mr Purkayastha and Mr Chakravarty challenging their arrest and the subsequent 7-day police remand.

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

New Delhi:

A day after the arrest of two people, including the founder and Editor-in-Chief of NewsClick, Prabir Purkayastha and Human Resources Head Amit Chakravarty were sent to seven days of police remand on Wednesday.

On Tuesday, the Delhi Police arrested two persons including founder and Editor-in-Chief of NewsClick Prabir Purkayastha after quizzing them in their office following raids at his premises under the Unlawful Activities (Prevention) Act (UAPA) and other sections, the police officials said.

According to the Delhi Police, a total of 37 male suspects have been questioned at the premises, and nine female suspects have been questioned at their respective places of stay.

“Regarding the search, seizure and detentions carried out today in connection with a UAPA case registered with Special Cell, so far two accused, Prabir Purkayastha and Amit Chakravarty have been arrested. A total of 37 male suspects have been questioned at the premises, and nine female suspects have been questioned at their respective places of stay,” the police said.

It further said that the digital devices, documents etc have been seized and collected for examination.

The Editor-in-Chief of NewsClick, Prabir Purkayastha and writers Paranjoy Guha Thakurta and Urmilesh were brought to the special cell offices in the national capital as part of the investigation as Delhi Police launched a crackdown against NewsClick and its journalists earlier this morning in connection with an FIR registered under the Unlawful Activities (Prevention) Act (UAPA).

The Delhi Police’s Special Cell on Tuesday afternoon sealed the office of the online news portal in the national capital.

The raids were carried out at more than 30 locations in connection with a case registered on August 17 under UAPA and other sections of IPC, including 153A (promoting enmity between two groups), and 120 B (criminal conspiracy).

Earlier, on August 10, a report in the New York Times had alleged that NewsClick was part of a global network that receives funding from American billionaire Neville Roy Singham.

Mr Singham is known as a socialist benefactor of far-left causes and is at the centre of a lavishly funded influence campaign that defends China and pushes its propaganda.

Mr Singham is also said to have close ties with the Chinese government’s media machine.

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

Washington:

The United States has seen reports about the alleged ties of an Indian media outlet, which was raided by officials a day earlier, with China but cannot comment on the veracity of the claims, an official said.

We have seen reports about this outlet’s ties to the People’s Republic of China, “but we can’t comment yet on the veracity of those claims”, State Department Spokesperson Vedant Patel told reporters at a news conference here.

“Separately, of course though, the US government strongly supports the robust role of the media globally, including social media, in a vibrant and free democracy,” he said.

“We raise concerns on these matters with the Indian government, with countries around the world, through our diplomatic engagements that are at the core of our bilateral relationship.

“We have urged the Indian government and have done so not just with India, but other countries as well, about the importance of respecting the human rights of journalists, including freedom of expression both online and offline,” he said.

“I don’t have additional information though, about this particular circumstance or any of the underlying issues that may or may not be related to this outlet, however,” Mr Patel added.

The New York Times, in an investigated story in August, reported about the raided Indian media outlet receiving funds from an Indian American having ties to Chinese propaganda interests.

“A Times investigation had linked the site to a pro-China network,” the daily reported.

“In New Delhi, corporate filings show, Mr. Singham’s network financed a news site, NewsClick, that sprinkled its coverage with Chinese government talking points,” The New York Times then wrote.

In a statement, the Indian American Muslim Council (IAMC), an advocacy organisation of diaspora Indian Muslims, strongly condemned the raid on the office of the news portal and journalists associated with it.

The IAMC called upon the government to immediately drop the “baseless” case against NewsClick and release all journalists who have been unjustly detained.

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