Delhi HC says ‘serious offences’, dismisses Purkayastha plea
High Court, however, said the fact that serious offences affecting the stability, integrity, sovereignty and national security have been alleged
NEW DELHI: The Delhi High Court on Friday dismissed the pleas moved by NewsClick founder-editor Prabir Purkayastha and the portal’s HR head Amit Chakraborty challenging their arrest, remand and the FIR filed under the UAPA linked to a Chinese funding case. Justice Tushar Rao Gedela said,
“Considering the lack of facts and material particulars in the plea, the court is of the opinion that Purkayastha is not entitled to any relief.” Chakraborty contended that he is suffering from physical disability to the extent of 59% and is covered under the provisions of The Rights of Persons With Disabilities Act, 2016.
The HC, however, said the fact that serious offences affecting the stability, integrity, sovereignty and national security have been alleged, the court was not inclined to pass any favourable order. On the challenge to the remand, as it was passed at 6 AM, the court pointed out that the special judge recorded that the counsel had appeared for the accused and that the remand application was also furnished to the counsel who was representing them.
In the 51-page order, the HC said there are no details “to be believed” in the petitioner’s contention about the “zero representation” on his behalf at the time of arrest or remand proceedings. The order further said, “The petition is completely silent as to what steps were taken by him or any of his family members to assail or raise objections against the arrest.”
The petitioners did not mention “illegal arrest” on the application while seeking a copy of the FIR nor did they argue against it, the court noted. “This creates a doubt whether the version of the petitioner is true at all,” said the court. Solicitor General Tushar Mehta, representing Delhi Police, said email exchanges between the petitioner and other entities indicated a deliberate attempt to show Jammu & Kashmir and Arunachal Pradesh as “disputed territories.” He also submitted that the emails also contained a map of India to show certain portions as “disputed territories.”
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