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Court said that there appeared to be something missing ( in the remand application) because it was an order passed at 6 AM and the petitioners' counsel was not heard
The Delhi High Court on Friday issued notice to the Delhi Police and sought its response on pleas challenging the arrest of NewsClick founder Prabir Purkayastha and HR department head Amit Chakraborty in a case lodged under UAPA.
The bench of Justice Tushar Rao Gedela also sought the response of Delhi police on the applications seeking interim release of Purkayastha and Chakraborty till the pendency of their petition.
During the hearing, Senior Advocate Kapil Sibal, on behalf of Purkayatha submitted, “I've challenged arrest and remand. There are two petitions. On October 3, in the morning at 6:30, they came to my house, took all my electronic devices and my phone. They took me to the office of the special cell. The next morning, they took me to the magistrate”.
“Order was passed at 6 in the morning. Just see the order…What is happening to our courts? No grounds of arrest were given. High Court rules say that I'm entitled to counsel. That's the law. The magistrate has to ask the accused. Rules further say that if 24 hours are expiring, then temporary remand will be issued so that counsel can appear”, he submitted.
Referring to the remand application, Sibal argued, “There is no mention of the grounds of arrest being mentioned at all. No mention of any communication to me”. He added that under the law, the Magistrate signs the case diary daily in remand cases. “We believe that's not being done. That should be checked today”, Sibal submitted.
Solicitor General of India (SGI) Tushar Mehta appeared for the State.
On perusal of the remand application, the judge inquired, “Mr. Mehta, tell us, in the remand order, there appears to be something which is missing there because it's 6 AM and the counsel was not heard”.
To this, the SGI replied, “Certain facts were stated which I don't know. I've to take instructions”. He further said, “The case diaries will be placed before the bench. We will present it…This is unnecessary hype created. That’s all.”
Counsel for Chakraborty contended, “The order is common, the only difference is he is a physically disabled person. He has post-polio paralysis in both his legs. 59% is the disability certificate is attached”.
The court directed, “IO shall ensure that the medical condition of the petitioner is not compromised”.
Accordingly, the court listed the pleas for further hearing on Monday, i.e. October 10, 2023.
Purkayastha and Chakravarty were arrested on October 3 following a series of raids and were remanded in police custody for seven days after they were produced at the judge’s residence, on Tuesday night. 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.
Notably, on October 5, Additional Sessions Judge (ASJ) Hardeep Kaur of Patiala House Court allowed the applications moved by Purkayastha and Chakravarty and ordered supply of FIR to them.
According to reports, the Delhi Police on Tuesday searched more than 30 locations, questioned several journalists in connection with the case, and arrested Purkayastha and Chakravarty. 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.
Case Title: Prabir Purkayastha v. State NCT of Delhi & Amit Chakraborty v. State (NCT of Delhi)
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