The Patiala House Court on October 10 sent NewsClick founder Prabir Purkayastha, and the website’s human resources (HR) head Amit Chakraborty, to ten days judicial custody in the Unlawful Activities Prevention Act (UAPA) case registered against them by the Delhi Police.
This came after the Delhi police submitted in the court that although the two need not be remanded at this stage of the investigation they should be sent to Judicial custody to prevent them from hampering the investigation in any manner.
Additional Sessions Judge (ASJ) Hardeep Kaur passed the order in spite of the counsel for the accused maintaining that the allegations in the FIR do not constitute an offence under the UAPA.
Appearing for Mr. Purkayastha, advocate Arshdeep Khurana submitted in the court that his client faces no allegations with reference to explosive substances, or the murder of a public functionary.
“My client has not kidnapped or abducted anyone. So, none of the allegations in the FIR have the elements of Section a, b, and c,” Mr. Khurana said adding that the court has the power to respond in the negative to the police’s request for judicial custody.
He added that his clients are journalists, and that reporting cannot become an offence. He also maintained that journalists cannot be punished for criticising the government in power.
“Sending these persons to judicial custody will be a travesty of justice...” Mr. Khurana said.
Appearing for the police, Additional Public Prosecutor Atul Srivastava submitted that the purpose of the accused was not criticising (the government) but propaganda on the behest of a country (China) that is inimical to India.
He added that the police has not asked for custody as their physical presence is not needed at this point of time. He maintained that the police has already satisfied the court that the offences were made out.
The Delhi High Court, on Monday, reserved its verdict on Mr. Purkayastha and Mr. Chakraborty’s plea challenging their remand in the case.
