Newsclick Row: Delhi HC reserves order on pleas challenging arrest, remand in UAPA case
New Delhi: The Delhi High Court on Monday reserved order petitions moved by NewsClick founder Prabir Purkayastha and Human Resources head Amit Chakravarty challenging their arrest and remand in the UAPA case registered by the Delhi Police special cell.
The Bench of Justice Tushar Rao Gedela after hearing at length the matter from all sides, has kept the order reserved.
During the arguments, Kapil Sibal appeared for Prabir Purkayastha and submitted that grounds of arrest are to be given to the magistrate. This is far more serious. To date, we don't have grounds for arrest.
We're dealing with liberty here. The prosecution can call counsel from legal aid, or prosecution counsel but you can't call the defence counsel? This whole argument about Kashmir. I'll show you the email- it's shocking. Had lawyers been present, he would've argued on merits. Not a penny has come from China.
Counsel appeared for Amit Chakravarty and submitted that he is suffering from 59 per cent disability, is paralysed and can't function without a wheelchair.
"Since 2021, I have been summoned by the Delhi Police and Enforcement Directorate on various occasions a lot of my information about bank accounts, emails - and everything has been seized. Not once did I apply for anticipatory bail. I was not on interim protection at any stage and I've never been arrested, said Amit Chakravarty's lawyer to court.
"I'm not responsible in any way for the content that is published on the website & I perform administrative tasks. Throughout this arrest remand arrest, I have been clubbed together & I haven't got an opp regarding my circumstances. The remand app makes no mention of my physical disability etc, " he added.
While opposing the pleas, Solicitor General Tushar Mehta appeared for Special Cell and submitted that one of the most serious allegations that came to light between the email exchanges between petitioners and people sitting in China where they were planning to create a map of India without Arunachal Pradesh, they call it the northern border of India.
The SG submitted that huge funds come from China and the purpose is to ensure that the integrity of the country is compromised. Thus the offences are very serious. This is an arrest under the UAPA.
The Delhi Police's Special Cell in its FIR against news web portal NewsClick's founder and Editor-in-Chief Prabir Purkayastha stated that People's Dispatch Portal, owned and maintained by M/S PPK Newsclick Studio Pvt. Ltd. has been used for intentionally peddling these false narratives through paid news in lieu of crores of rupees of illegally routed foreign funds as part of the conspiracy.
Delhi Police FIR further stated that foreign funds in crores have been infused illegally in India by Indian and Foreign entities inimical to India in pursuance of conspiracy with the intention to disrupt the sovereignty and territorial integrity of India, to cause disaffection against India and to threaten the unity, integrity, security of India.
"Foreign funds in crores have been infused illegally in India by Indian and Foreign entities inimical to India in pursuance of conspiracy with the intention to disrupt the sovereignty and territorial integrity of India, to cause disaffection against India and to threaten the unity, integrity, security of India," stated the FIR.
