NewsClick founder, HR head move SC challenging UAPA case
What's the story
NewsClick founder Prabir Purkayastha and its HR chief Amit Chakravarty approached the Supreme Court on Monday, challenging the Delhi High Court's decision to dismiss their plea against arrest under the Unlawful Activities (Prevention) Act (UAPA).
The SC sought necessary documents from their counsel, Kapil Sibal, saying it would decide on a hearing.
On Friday, the HC declined to intervene in the duo's arrest and police remand, rejecting their argument that they should have been given reasons for their arrest.
Context
Why does this story matter?
This comes days after the Central Bureau of Investigation (CBI) filed a case against NewsClick over alleged violations of the Foreign Contribution Regulation Act (FCRA).
The Delhi Police apprehended the duo on October 3 for allegedly accepting money to spread pro-China propaganda in India. After a seven-day police remand, they have been under judicial custody since Tuesday.
Before arresting Purkayastha and Chakraborty, the police also raided several locations linked to the news portal and seized its digital data and dossiers.
Details
Why Delhi High Court dismissed their pleas
Justice Tushar Rao Gedela of the Delhi HC had dismissed the petitions of Purkayastha and Chakravarty, stating their arrests did not violate any legal or constitutional provisions.
He observed that their remand order was also legally sustainable.
The high court noted offenses under the UAPA directly affect the country's stability, integrity, and sovereignty and are crucial since they impact national security.
It also recommended the police provide written reasons for arresting the accused in such cases after removing "sensitive material."
Facts
Petitioners' contentions and allegations
Purkayastha and Chakravarty reportedly challenged their arrest on grounds that the action lacked proper reason.
They also argued that the subsequent remand order sending them to seven-day police custody was issued in the absence of their counsels.
The duo also claimed there's an "obvious discrepancy" in the trial court's remand order.
Their plea argued that the remand order was pronounced at 6:00am, but Purkayastha's lawyer received the remand application at 7:00am, that too via WhatsApp.
Case
More about case against NewsClick under UAPA
The duo was arrested by the Delhi Police's Special Cell on October 3, and a UAPA case was filed against them.
They are accused of receiving money to promote pro-China propaganda, with the FIR alleging a significant amount of funds came from China to "disrupt the sovereignty of India" and harm the country.
Purkayastha is also accused of conspiring with the People's Alliance for Democracy and Secularism (PADS) organization to disrupt the electoral process during the 2019 Lok Sabha elections.