The Supreme Court on Wednesday overturned the arrest and remand of Prabir Purkayastha, the chief editor of online news portal NewsClick, in connection with a case under the Unlawful Activities (Prevention) Act (UAPA).

The order was issued before the division bench of Justices BR Gavai and Sandeep Mehta, for the release of Prabir Purkayastha, contingent upon his providing surety and a bail bond.

The Court passed the order after observing that Purkayastha had not been provided with a copy of the remand application, thereby contravening principles of natural justice.

The verdict was delivered in response to Purkayastha's plea challenging his arrest and remand by the Delhi Police in the case. The Supreme Court, having reserved its judgment on April 30, concluded the matter with its ruling.

During the hearings, the Court had raised concerns about the procedural irregularities surrounding the remand hearing, notably the lack of advance notification to Purkayastha's lawyer and the absence of an audience during the proceedings. The Court had remarked orally at that time that the remand order was evidently issued (around 6 AM) before Purkayastha or his counsel were apprised of the reasons for his arrest.

The Court had further questioned the counsel representing the Delhi police regarding the absence of prior notice given to Purkayastha's lawyer regarding his remand. Purkayastha's arrest under the UAPA occurred on October 3, 2023, subsequent to a series of raids prompted by allegations made in a New York Times article suggesting that NewsClick was receiving payments to amplify Chinese propaganda.

In the same case, Amit Chakraborty, the HR head of NewsClick, was also arrested by the police. Following the Delhi High Court's affirmation of the trial court's ruling to remand him to police custody, Purkayastha approached the Supreme Court to challenge his arrest and subsequent remand.

According to the First Information Report (FIR), Purkayastha is accused of unlawfully receiving large sums of foreign funds and utilizing them with the purported intention to "disrupt the sovereignty, unity, and security of India."

After their arrest, Prabir Purkayastha and Amit Chakraborty initially approached the Delhi High Court, contesting their arrest, subsequent remand, and the FIR filed against them under the UAPA.

In their defense, Prabir Purkayastha and Amit Chakraborty contended that their arrest and remand were unlawful due to the absence of grounds provided for their arrest, which they argued contravened the Supreme Court's ruling in the Pankaj Bansal v. Union of India & Ors (M3M case).

The High Court dismissed their argument, asserting that the Pankaj Bansal judgment does not directly apply to arrests conducted under the UAPA. Consequently, Purkayastha pursued an appeal before the Supreme Court. Meanwhile, Chakraborty opted to become an approver for the prosecution, resulting in his release by the Delhi High Court. Consequently, he withdrew his plea against the arrest before the Supreme Court.

Recently, the Delhi Police filed a chargesheet against Purkayastha and NewsClick. A Delhi court has acknowledged the chargesheet and scheduled a hearing for May 31 to deliberate on framing the charges in the case.