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Purkayastha was arrested on October 3 following a series of raids. The raids were conducted in the wake of allegations made in a New York Times article that NewsClick was being paid to boost Chinese propaganda
The Delhi High Court on Friday issued notice in NewsClick founder Prabir Purkayastha's plea seeking direction to quash the Unlawful Activities Prevention Act (UAPA) FIR against him.
He was arrested in a case lodged under the UAPA following allegations that the news portal had received money for pro-China propaganda.
While issuing notice in the plea, the bench of Justice Swarana Kanta Sharma scheduled the matter for further hearing on July 10, 2024.
Senior Advocate Dayan Krishnan appeared for Purkayastha, and Special Public Prosecutor Zoheb Hossain, along with Akhand Pratap Singh, appeared for the State.
SPP Hossain opposed issuance of notice for two reasons: one, that the offences as stated in the FIR were made out, and another, that there had been a subsequent development in which one of the co-accused (Amit Chakraborty) had become an approver.
Hossain submitted that when such a development takes place, there is no question of quashing the FIR for the simple reason that the offence is prima facie deemed to be made out.
Justice Sharma said, "See, If I will not issue a notice to you, then how will I look into your reply? Just now you mentioned a subsequent development, how will I read that? You'll have to put that also for me".
"What difference does it make if I issue a notice to you, so that you can file a detailed reply along with the documents you want to rely on? Let us just issue notice," she added.
Purkayastha was arrested on October 3 following a series of raids, and was initially remanded in police custody for seven days after he was produced at the judge’s residence. The raids were conducted in the wake of allegations made in a New York Times article that NewsClick was being paid to boost Chinese propaganda.
According to reports, the Delhi Police searched more than 30 locations, questioned several journalists in connection with the case, and arrested Purkayastha and Chakravarty. The police sealed NewsClick's office in Delhi.
It is also stated that 46 suspects were questioned, and digital devices, including laptops and mobile phones, and documents were taken away for examination. Among those questioned were journalists Urmilesh, Aunindyo Chakravarty, Abhisar Sharma, Paranjoy Guha Thakurta, and Sohail Hashmi; satirist Sanjay Rajoura; and D. Raghunandan of the Centre for Technology & Development. After being questioned for over six hours, they were allowed to go.
Notably, on October 13, the Delhi High Court "dismissed" the pleas challenging the arrest of NewsClick founder Prabir Purkayastha and HR department head Amit Chakraborty. The bench of Justice Tushar Rao Gedela had passed the order.
Allegations in Delhi Police FIR
As per the FIR filed by the Delhi Police, Prabir Purkayastha conspired with a group, namely the People's Alliance for Democracy and Secularism (PADS), to sabotage the electoral process during the 2019 general elections.
"Big Chinese telecom companies like Xiaomi, Vivo, etc. incorporated thousands of shell companies in India in violation of PMLA/FEMA for illegally infusing foreign funds in India to further the anti-India conspiracy", the FIR stated.
As per the FIR, Purkayastha, along with Neville Roy Singham, Geeta Hariharan, and Gautam Bhatia (key person), conspired to create a legal community network in India to campaign for and defend legal cases against these Chinese telecom companies.
"NewsClick received foreign funds from Nevile Roy Singham, a resident of Shanghai, China, and an active member of the propaganda department of the Communist Party of China", the Delhi Police's FIR read.
Case Title: Prabir Purkayastha v. State NCT of Delhi & Anr.
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