Relief as SC orders release of NewsClick founder, declares arrest 'invalid'

New Delhi, NT Bureau: More than seven months after he was arrested under anti-terror law UAPA for spreading Chinese propaganda, the Supreme Court on Wednesday declared as "invalid" the arrest of NewsClick founder Prabir Purkayastha and ordered his release.

Purkayastha was arrested on October 3 last year by the Special Cell of Delhi Police in a case lodged under the Unlawful Activities (Prevention) Act (UAPA).

Observing that the right to life and personal liberty was the "most sacrosanct" fundamental right guaranteed under Articles 20, 21 and 22 of the Constitution, the apex court said any person arrested over allegations of commission of offences under UAPA or other offences has a fundamental and a statutory right to be informed about the grounds of arrest in writing.

A bench of Justices B R Gavai and Sandeep Mehta said a copy of such written grounds of arrest have to be furnished to the arrested person as a "matter of course and without exception at the earliest".

"From the detailed analysis made above, there is no hesitation in the mind of the court to reach to a conclusion that the copy of the remand application in the purported exercise of communication of the grounds of arrest in writing was not provided to the accused appellant (Purkayastha) or his counsel before passing of the order of remand dated October 4, 2023 which vitiates the arrest and subsequent remand of the appellant," the bench said.

The top court delivered its verdict on Purkayastha's plea challenging the Delhi High Court's October 13 last year order dismissing his petition against arrest and subsequent police remand.

The bench said the purpose of informing the arrested person the grounds of arrest was salutary and sacrosanct as this information would be the only means for him to consult his advocate, oppose police custody remand, and to seek bail.

"Any other interpretation would tantamount to diluting the sanctity of the fundamental right guaranteed under Article 22(1) of the Constitution of India," it said.

The bench said the right to be informed about the grounds of arrest flows from Article 22(1) of the Constitution and any infringement would vitiate the process of arrest and remand.

"Mere fact that a charge sheet has been filed would not validate the illegality and the unconstitutionality committed at the time of arresting the accused and the grant of initial police custody remand to the accused," it observed.