Copy of remand application wasn't provided to Prabir

Prabir would have to furnish a bail bond

Kapil Sibal represented Prabir in the case

The Supreme Court declared that the arrest of the Founder and Editor-in-Chief of NewsClick Prabir Purkayastha by the Delhi Police under the Unlawful Activities (Prevention) Act (UAPA) on October 4th was illegal. The Remand Order was passed without a copy of the remand application being handed over to Prabir or his counsel. “There is no hesitation in the mind of the Court to reach to a conclusion that a copy of the remand application, in the purported exercise of the communication of the grounds of arrest in writing, was not provided to the accused-appellant or his counsel before the passing of the remand order dated 4th October, 2023, which vitiates the arrest and the subsequent remand of the appellant. As a result, the appellant is entitled to a direction for release from custody by applying the ration of the judgement rendered by this court in Pankaj Bansal,” the court observed. 

Also Read: Delhi Police lodges case against Newsclick’s Prabir Purkayastha under UAPA 

Prabir would however have to furnish a bail bond in light of a chargesheet being filed against him. Senior Advocate Kapil Sibal represented Prabir in the case challenging his arrest. A bench of Justices BR Gavai and Sandeep Mehta heard this case. The bench overturned the Delhi High Court’s decision in this case. Human Resources head Amit Chakraborthy who was arrested in the same case was granted a pardon after he turned an approver for the Enforcement DIrectorate (ED).