On Wednesday, the Supreme Court directed the immediate release of NewsClick Editor Prabir Purkayastha. His plea challenged his arrest by Delhi Police under the Unlawful Activities Prevention Act (UAPA).
Invalid Arrest Due to Procedural Lapse
A bench comprising Justices BR Gavai and Sandeep Mehta found that the remand copy was not provided, which rendered the arrest invalid. As a result, they declared the arrest ‘VOID.’
Conditions for Release
The court stated that Purkayastha’s release hinges on the trial court’s satisfaction with the bail bonds furnished. The Supreme Court invalidated his arrest and remand, emphasizing the procedural errors.
Immediate Bail Granted
Since the chargesheet has already been filed, the Supreme Court ordered Purkayastha’s immediate release on bail. The trial court will set the conditions for bail surety.
Criticism of Police Conduct
Two weeks prior, the Supreme Court criticized the Delhi Police for not informing Purkayastha’s lawyer before his arrest. The court questioned the urgency in producing him before the magistrate early in the morning, asking, “Why didn’t you inform his lawyer in advance? You arrested him the previous day in the evening. You had an entire day to inform him. What was the hot haste to produce him at 6 am?”
Charges Against Purkayastha
The Delhi Police Special Cell’s chargesheet against Purkayastha included allegations of involvement in terrorist activities, unlawful acts, raising funds for terrorism, and conspiracy. He was also accused of collaborating with Neville Roy Singham and others to criticize the Indian government’s COVID-19 measures and publish articles against vaccines made by Indian pharmaceutical companies.