NewsClick Row: Prosecution Opposes Plea For Copy Of FIR

The Delhi Police on Thursday opposed the applications filed for the supply of a copy of the FIR by NewsClick founder Prabir Purkayastha and human resources department head Amit Chakravarty.

They got arrested in a case lodged under anti-terror law UAPA following charges that the portal received money to spread pro-China propaganda.

Additional Sessions Judge Hardeep Kaur heard arguments regarding the applications.

During the proceedings, the counsel for Chakravarty also sought written grounds for his client’s arrest by the Delhi Police and stated that while providing the grounds for arrest to an accused is a constitutional safeguard.

The lawyer cited some judgments of the Supreme Court and Delhi High Court and stated though the offences alleged are “serious” under the UAPA, there is no statutory ground that the prosecution is not obliged to provide a copy of the FIR to the accused.

Appearing through video-conferencing, Purkayastha’s lawyer argued that it is the right of an accused to get a copy of the FIR.

Special Public Prosecutor Atul Shrivastava cited a Supreme Court judgment and stated that the accused has to approach the police commissioner, who would then form a committee regarding the same.

Furthermore, he said that the accused has to follow the “step-by-step procedure” prescribed by the apex court. The application filed by the accused is “premature” and they can’t “directly jump before the court”, Shrivastava added.
He stated, “We have already provided the grounds for arrest and the reasons for further remand. We have already complied with the provisions.”