The Delhi High Court on Friday sought the city police’s stance on a plea by NewsClick founder Prabir Purkayastha challenging the FIR against him under the anti-terror law UAPA over accusations of disseminating pro-China propaganda.
A single bench of Justice Swarana Kanta Sharma issued notice on the petition, which was filed in 2023 subsequent to the journalist’s arrest in October.
The counsel for the Delhi Police opposed the issuance of notice on the petition and apprised the court that Amit Chakravarty, the news portal’s human resources department chief, has become an approver in the case.
The Special Cell of Delhi Police had apprehended Purkayastha and Chakravarty on October 3, 2023, and they are currently in judicial custody. As per the FIR, a substantial amount of funds were purportedly received by the portal from China to “disrupt the sovereignty of India” and instigate disaffection against the country.
It further alleged that Purkayastha conspired with a group -People’s Alliance for Democracy and Secularism (PADS) -to undermine the electoral process during the 2019 Lok Sabha polls. In his petition, Purkayastha contended that the UAPA FIR constitutes the second such action based on the “same allegations and same alleged conspiracy” being investigated in an already pending FIR lodged by the Economic Offences Wing (EOW), which he argues is impermissible. He asserted that no offences under the Unlawful Activities Prevention Act (UAPA) or IPC are established against him, and the FIR is malicious.
The petition emphasized, “The FIRs are centered around purely journalistic work carried out by the said Company which may involve criticism of the functioning of the incumbent Government regarding its functioning, policies etc. Impartial and fair journalism and criticism of the Government cannot be equated with questioning the sovereignty or integrity of India.”
It further stated, “It is submitted that if such fair and impartial reporting and journalism is given the color of an offence under UAPA by alleging it to be unlawful activities, the same would infringe upon the right to freedom of speech and expression which is protected as a fundamental right under Art. 19(l)(a) of the Constitution of India.”
According to the police, raids were conducted at 88 locations in Delhi and seven in other states on October 3 last year on the suspects named in the FIR and those that surfaced in the analysis of data. Around 300 electronic gadgets were also seized from the offices of NewsClick and the residences of the journalists who were examined.
Following the raids, 46 individuals, including nine female journalists, were questioned by the Special Cell. On October 13, the high court had declined to intervene with the arrest and subsequent police remand of Purkayastha and Amit Chakravarty.
The next hearing of the matter is scheduled for July.
