Introduction:

In a significant legal development, the Supreme Court has pronounced its judgment in the case of Prabir Purkayastha, the founder and Editor-in-Chief of NewsClick, concerning his arrest under the Unlawful Activities (Prevention) Act 1967 (UAPA). The Court’s decision, delivered by a bench comprising Justices BR Gavai and Sandeep Mehta, addressed the legality of Purkayastha’s arrest and subsequent remand, which had been contested on grounds of procedural irregularities.

Arguments of Both Sides:

Purkayastha challenged the legality of his arrest, arguing that the grounds of arrest were not provided to him in writing, as mandated by a previous Supreme Court judgment. On the other hand, the Delhi Police contended that the grounds of arrest were included in the remand application. The crux of the dispute lay in whether the remand application served as a sufficient communication of the grounds of arrest, a contention the Court ultimately rejected.

Court’s Judgement:

The Supreme Court, after careful consideration of the arguments and evidence presented, declared Purkayastha’s arrest and subsequent remand as invalid in the eyes of the law. The Court noted that the failure to provide a copy of the remand application to Purkayastha or his counsel before passing the remand order constituted a procedural flaw that vitiated the arrest and remand. Consequently, the Court ordered Purkayastha’s release, subject to the fulfillment of bail conditions, emphasizing adherence to judicial principles and precedents.