Prabir Purkayastha Vs State (Supreme Court)
In a landmark judgment that underscores the sanctity of legal procedures and fundamental rights, the Supreme Court of India has declared the arrest and remand of NewsClick editor Prabir Purkayastha by the Delhi Police as illegal. The apex court ordered his immediate release in the case filed under the stringent Unlawful Activities Prevention Act (UAPA).
Background of the Case
Prabir Purkayastha, the 74-year-old journalist and founder of the online portal NewsClick, was arrested on October 3, 2023, without being provided the grounds of his arrest in writing, a violation of Article 22(1) of the Constitution. The FIR registered on August 17, 2023, led to his arrest and subsequent remand, which the Supreme Court has now invalidated.
Supreme Court’s Ruling
The Bench of Justices B.R. Gavai and Sandeep Mehta held that the failure to communicate the grounds of arrest in writing to Mr. Purkayastha or his designated counsel at the time of arrest vitiated the entire process. The court emphasized that this constitutional requirement is sacrosanct and its breach renders the custody or detention illegal.
Implications of the Judgment
This decision is significant as it reaffirms the judiciary’s role in protecting citizens’ rights and ensuring that law enforcement agencies adhere strictly to legal mandates. The ruling also extends the requirement of providing written grounds of arrest to cases under the UAPA, following the precedent set by the Supreme Court in the Pankaj Bansal case judgment in 2023.
