"The remand order is invalid": Supreme Court Declares NewsClick Founder's Arrest Illegal, Orders Immediate Release

The Supreme Court on Wednesday ordered the release of NewsClick Editor-in-Chief Prabir Purkayastha, declaring his arrest by the Delhi Police illegal. This decision stemmed from the Court's observation that a crucial document, the remand application, was not provided to Purkayastha or his legal counsel before his remand order on October 4, 2023, under the Unlawful Activities (Prevention) Act of 1967. Consequently, the grounds of his arrest were not supplied in writing, violating legal procedures.

The ruling, delivered by a bench comprising Justices BR Gavai and Sandeep Mehta, rendered both the arrest and subsequent remand of Prabir Purkayastha invalid. As a result, Purkayastha is to be released from custody, pending the fulfillment of bail conditions set by the trial Court, given the filing of charges against him.

"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," observed Justice Mehta. 

Senior Advocate Kapil Sibal, representing Purkayastha, highlighted the procedural irregularities surrounding his client's arrest, stating, "Mr Purkayastha 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." Sibal emphasized the importance of adhering to the principles of natural justice, particularly the presence of Purkayastha's lawyer during the remand order.

The Court's scrutiny extended to the actions of the Delhi Police, with Justice Gavai questioning the haste in producing Purkayastha before the magistrate without informing his lawyer after his arrest. The Court also noted the unusual timing of the remand order, which was passed before Purkayastha's lawyer received the remand application.

Prabir Purkayastha's arrest in October 2023 followed allegations of NewsClick receiving funding from entities promoting Chinese propaganda, as highlighted in a New York Times investigation. In March, the Delhi Police filed an extensive chargesheet, accusing NewsClick and Purkayastha of terror funding and promoting Chinese propaganda.