Supreme Court Delays Hearing for NewsClick Founder Pleas

Supreme Court Justices BR Gavai and Prashant Kumar Mishra informed senior advocate Kapil Sibal, representing both defendants, that they would address the pleas post recess. On Monday, the Supreme Court postponed the post-Diwali vacation hearing regarding the petitions of NewsClick founder Prabir Purkayastha and HR head Amit Chakravarty, challenging their arrests under the UAPA(anti-terror law).

A bench of Justices BR Gavai ,Prashant Kumar Mishra told senior advocate Kapil Sibal, appearing for both the accused, that it will take up the pleas after the vacation.

Mr. Sibal asserted that the recent judgment of the apex court, which mandated the immediate sharing of grounds of arrest with the accused, was applicable.

He said there is an application for medical bail also pending before the court.

The bench said it would take up the medical bail application along with the main matter after the Diwali vacation.

On October 19, the top court had sought the response of the Delhi Police on pleas of Purkayastha and Chakravarty challenging the Delhi High Court order of October 13.

On October 13, the high court rejected their petitions contesting the arrest and subsequent police custody in the case. The Special Cell of the Delhi Police arrested both individuals on October 3.

They subsequently moved the high court challenging the arrest as well as the seven-day police custody, and sought immediate release as interim relief.

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Supreme Court declined to provide them with relief

Nonetheless, the court declined to provide them with relief, stating that there were no procedural flaws or breaches of the Unlawful Activities (Prevention) Act (UAPA) in their arrests.

The city police has lodged cases against the two under UAPA for allegedly receiving money to spread pro-China propaganda.

According to the FIR, a large amount of funds to the news portal allegedly came from China to “disrupt the sovereignty of India” and cause disaffection against the country.

It also alleged that Mr Purkayastha conspired with a group — People’s Alliance for Democracy and Secularism (PADS) — to sabotage the electoral process during the 2019 Lok Sabha polls.

On November 2, a Delhi court had sent Mr Purkayastha and  MrChakravarty to judicial custody till December 1 in the case. 

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