New Delhi: Delhi Police on Thursday took objection with applications by NewsClick founder-editor Prabir Purkayastha and HR head Amit Chakravarty seeking a copy of the FIR, saying they were premature.
The Special Cell of Delhi Police had arrested the two on Tuesday under anti-terror law, Unlawful Activities (Prevention) Act. The next day, they were sent to seven days in police custody.
On Wednesday, the court allowed them to meet their lawyer besides granting a copy of the remand order.
Additional Sessions Judge Hardeep Kaur, who presided over the case, was informed by Special Public Prosecutor Atul Shrivastava 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 judgment 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.
When Purkayastha and Chakravarty moved an application on Wednesday seeking a copy of an FIR, the judge said that she will 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, 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 a UAPA case registered with Special Cell, the Delhi Police said that a total of 37 male suspects were questioned at premises, including nine female suspects at their respective places of stay.
The police said that digital devices, documents, etc., were seized or collected for examination.
“The proceedings are still ongoing. So far, two accused, Purkayastha and Chakravarty have been arrested,” the Delhi Police added.
The Special Cell swung into action on Tuesday morning and carried out searches at several locations in Delhi-NCR, including the office of NewsClick and journalists associated with it.
The Delhi Police team has sealed the media outlet’s office.
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.
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