New Delhi: A Delhi Court on Thursday, October 5, ordered that NewsClick founder-editor Prabir Purkayastha and Human Resources head Amit Chakravarty be given a copy of the FIR registered against them under the anti-terror law, Unlawful Activities (Prevention) Act.
Additional Sessions Judge Hardeep Kaur of the Patiala House Courts allowed their applications, which were opposed by the Delhi Police saying they were premature.
Special public prosecutor Atul Shrivastava said that the accused had to first approach the police commissioner, who would then form a committee regarding the same.
Shrivasatava also cited a Supreme Court judgement saying that the accused had to follow the step-by-step procedure prescribed by the top court. They could not “directly jump before the court”, he added.
The Special Cell of Delhi Police had arrested Purkayastha and Chakravarty on Tuesday, and the next day, they were sent to seven-day police custody.
On Wednesday, the court allowed them to meet their lawyer besides granting them a copy of the remand order.
When Purkayastha and Chakravarty moved an application on Wednesday seeking a copy of the FIR, the judge said that she would decide on it on Thursday.
Advocate Arshdeep Singh, representing Puryakastha, argued that they have the right to obtain the FIR copy. “They have not given us the remand order either,” he told the court.
The lawyer also cited Section 41D of CrPC (right of the arrested person to meet an advocate of their choice during interrogation) and said that it was an absolute right.
The judge then allowed Puryakastha’s application to visit his lawyer and ordered that a copy of the remand order be provided to both Puryakastha and Chakravarty.
Singh also informed the court that a petition will be filed before the Delhi High Court challenging the FIR and the arrests, highlighting that there was already an FIR with the Economic Offenses Wing (EOW), and the High Court was not informed about the current FIR.
On Tuesday, in a statement regarding the search, seizure and detentions carried out in connection with the UAPA case registered by the Special Cell, the Delhi Police said that a total of 37 male suspects were questioned at office premises, while nine female suspects were questioned at their respective places of stay.
The police said that digital devices, documents etc. were seized or collected for examination.
The Special Cell had registered an FIR in the case on August 17 under different sections of the UAPA and the Indian Penal Code against NewsClick.
In August, a New York Times investigation had accused NewsClick of being an organisation funded by a network linked with US millionaire Neville Roy Singham, to allegedly promote Chinese propaganda.
