NewsClick founder Prabir Purkayastha on Monday told the Supreme Court that investigating authorities should supply him in writing with the grounds for his arrest, reported Live Law.
A bench of Justices BR Gavai and Prashant Kumar Mishra was hearing a special leave petition by Purkayastha and the news website’s human resources head Amit Chakraborty.
They were arrested on October 3 under the Unlawful Activities (Prevention) Act after the Delhi Police raided several journalists associated with NewsClick. The raids followed allegations that the news organisation received money to spread Chinese propaganda.
Appearing for Purkayastha, Senior Advocate Kapil Sibal told the top court on Monday that the case would be covered by the recent Pankaj Bansal judgment.
In the Pankaj Bansal ruling on October 2, the Supreme Court held that the Enforcement Directorate must furnish the reasons for arrest to the accused in writing, as per Section 19 of the Prevention of Money Laundering Act that gives the central agency power to arrest any person guilty of a money laundering offence.
“See the arrest memo,” said Sibal. “Nothing has been supplied.”
He also sought interim bail for Purkayastha on medical grounds. “The man is 71 years old,” the senior advocate pointed out.
The court said that it would hear the petition immediately after the Diwali break.
On October 16, Purkayastha and Chakraborty moved the Supreme Court, challenging the Delhi High Court’s judgement upholding their arrest. Sibal had requested a bench headed by Chief Justice DY Chandrachud for an urgent hearing.
The Delhi High Court had not provided relief from custody to both of them, saying that the police had not violated legal or constitutional procedures.
Purkayastha and Chakraborty had contended before the High Court that they were not provided with grounds of arrest in writing.
What is the case about?
The police have accused NewsClick of taking funds from China in a “circuitous and camouflaged manner” to disrupt India’s sovereignty.
The case was registered after The New York Times alleged in an August 5 report that the Indian news website had received money from American businessman Neville Roy Singham, who worked closely with the “Chinese government media machine” to spread its propaganda.
The Delhi Police first information report describes Singham as an active member of the propaganda department of the Communist Party of China.
On October 6, NewsClick said that the “absurd nature” of the allegations shows that the proceedings are nothing but an attempt to muzzle the free press.
“As stated in previous NewsClick statements, NewsClick has not received any funding or instructions from China or Chinese entities,” it said.
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