SC orders immediate release of NewsClick founder, Editor-in-Chief Prabir Purkayastha in UAPA case, calls arrest 'VOID'

The Supreme Court on Wednesday ordered immediate release of NewsClick founder and Editor-in-Chief in connection with an Unlawful Activities Prevention Act (UAPA) case. The top court bench, comprising Justices BR Gavai and Sandeep Mehta, called the arrest 'VOID' as the Delhi Police failed to provide the remand copy to the applicant in the case, India Today reported. 

The top court mentioned that Purkayastha's arrest was invalid in the eyes of the law as the Delhi Police did not provide him with a copy of his remand application thereby violating the principles of natural justice. The Supreme Court ordered his immediate release as the chargesheet in the case has been filed. The top court further mentioned that the trial court stands to impose bail surety conditions. 

Commenting on the top court's order to release the NewsClick founder and Editor-in-Chief, Advocate Arshdeep Khurana, the counsel for Purkayastha, told news agency ANI that they have been directed to furnish the bail bond before the trial court.

"This is a major and a big relief because we have been maintaining from the beginning that the entire proceedings against him were illegal and the manner of arrest was illegal which has now been upheld by the Supreme Court," Khurana said. 

In October last year, Purkayastha was arrested by the Delhi Police Special Cell under the UAPA. His arrest came after several raids conducted following a New York Times article which claimed that NewsClick was being paid by an American billionaire to promote Chinese propaganda. 

As per the FIR filed against NewsClick, the online news portal allegedly received huge funds from China to "disrupt the sovereignty of India" and incite disaffection against the country. It also mentioned that Prabir Purkayastha allegedly conspired with a group-- People's Alliance for Democracy and Secularism (PADS)-- to sabotage the electoral process during the 2019 Lok Sabha polls.  

(With inputs from Kanu Sarda)