New Delhi: The Delhi high court on Friday (October 13) dismissed petitions filed by NewsClick editor-in-chief Prabir Purkayastha and human resources head Amit Chakraborty challenging their remand.
Justice Tushar Rao Gedela upheld their seven days police remand.The duo was arrested by the Delhi police’s special cell on October 3 in an Unlawful Activities (Prevention) Act case which claims that NewsClick received Chinese funding to criticise the Indian government’s policies and promote Chinese propaganda.
The portal has denied these allegations and said in court that they did not receive even a penny from China.Purkayastha and Chakraborty have also challenged the FIR against them.Justice Gedela had reserved judgment in the matter on October 9.Arguing for Purkayastha, senior advocate Kapil Sibal had said that the grounds of arrest were not provided at the time of arrest or even in the remand order, thus going against the Supreme Court’s order on arrests.
The editor was also not allowed to have a lawyer of his choice present during the passage of the remand order, it was argued.Sibal also stated that “not a rupee, not a penny” had come from China to NewsClick and Purkayastha. The Delhi Police FIR – which casts a wide net, ranging from Chinese phone producers to lawyers to protesting farmers – has claimed that the portal received Chinese government funding to spread propaganda.
Both Sibal and senior advocate Dayan Krishnan, appearing for Purkayastha, referred to the Supreme Court’s recent judgment in the case of Pankaj Bansal vs. Union of India, in which the court had said that a written copy of the grounds for arrest must be provided to an accused at the time of arrest.
The magistrate who sent Purkayastha and Chakraborty to seven days police remand did not ensure that this had been followed, and also did not check if the accused had access to their lawyers, Krishnan argued.Solicitor General Tushar Mehta, appearing for the state, said that petitioners had been told about the grounds for arrest. He argued that under UAPA guidelines, a written copy is not essential.
On Friday, Justice Gedela said he did not find any merit in the petitions challenging remand and was hence dismissing them.Purkayastha and Chakraborty are presently in judicial custody until October 20.