Delhi High Court’s hearing on October 9 for NewsClick’s Prabir Purkayastha and Amit Chakravorty’s legal challenges against their FIR, arrests, and custody Learn about the unfolding legal battle and its implications for media freedom in India.
The Delhi High Court has scheduled a hearing to address the challenges brought forth by NewsClick’s founder, Prabir Purkayastha, and the company’s HR head, Amit Chakravorty, regarding the FIR filed against them. This action from the high court comes in response to their arrests on October 3, following an extensive day of questioning by the Delhi Police. The court has not only called for a response from the Delhi Police but has also noted a critical issue, the remand application does not reveal the reasons behind their arrest.
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The arrest of Prabir Purkayastha and Amit Chakravorty sent shockwaves through the media landscape, as it was accompanied by raids, interrogations, and the confiscation of electronic devices belonging to several journalists and commentators associated with NewsClick. This incident has been widely regarded as one of the most severe attacks on independent media in recent memory.
LiveLaw, a prominent legal news outlet, has reported extensively on the legal battle that has ensued. Both Prabir Purkayastha and Amit Chakravorty have approached the court to challenge the First Information Report (FIR) lodged against them. This FIR has invoked charges under the Unlawful Activities (Prevention) Act, which is a matter of considerable legal significance. They are not only challenging the legality of their arrests but are also contesting the order for seven-day police custody.
To expedite these matters, both cases were urgently listed before Justice Tushar Rao Gedela. A day before this development, a Delhi court had granted Prabir Purkayastha’s request for a copy of the FIR under which he was arrested, a request that the Delhi Police had initially resisted.
The FIR itself has attracted significant attention due to its allegations. It suggests the existence of a more extensive criminal conspiracy related to the “illegal infusion of funds” by Chinese companies Xiaomi and Vivo. Additionally, it alleges that there was a “spirited defense of legal cases” against these telecom firms, led by an individual identified as “Gautam Bhatia,” described as a ‘key person’ in the alleged conspiracy.
During the court proceedings, Solicitor General of India Tushar Mehta, representing the Delhi Police, acknowledged that there were certain facts mentioned in the case that he was not aware of, necessitating further instructions from his end.
On the other side, Kapil Sibal, representing Prabir Purkayastha, argued vehemently that the arrests were illegal, asserting that the detained individuals were entitled to be released immediately. However, Justice Gedela expressed reservations, suggesting that the allegations against them might not warrant immediate release.
One intriguing aspect that emerged during the court hearing was the court’s concern about the remand order itself. It pointed out that there appeared to be something missing from the remand order and highlighted that it was unusual for such an order to be issued at 6 AM without the counsel being heard. Furthermore, it was noted that the remand application did not adequately disclose the grounds for the arrests.
In response to these concerns, the court requested the Delhi Police provide a comprehensive response to the petitions and promptly scheduled the matter for further deliberation on Monday. Additionally, it was mentioned that the case diaries, which contain crucial case-related information, would be presented in court on that day.
Solicitor General Mehta expressed frustration during the proceedings, stating that “unnecessary hype is created” around the case.
The court also displayed a humanitarian aspect by directing the investigating officer to ensure that Amit Chakravorty’s health, given his disability, is not compromised in any way.
The hearing scheduled for October 9 promises to be a pivotal moment in the ongoing legal saga surrounding the arrests of Prabir Purkayastha and Amit Chakravorty, as well as the FIR filed against them. It is expected to provide further clarity on the intricacies of the case and shed light on the reasons behind their arrests. The media and legal communities will be closely watching the developments as they unfold, eager to discern the implications for press freedom and legal proceedings in India.
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