New Delhi:

The Delhi High Court on Friday said furnishing grounds of arrest in writing to a person being arrested was not mandated under the Unlawful Activities (Prevention) Act but it was “advisable” that the police henceforth provide it after redacting “sensitive material”.

Justice Tushar Rao Gedela, while dealing with a petition by NewsClick founder Prabir Purkayastha against his arrest and subsequent police remand in a case lodged under UAPA, said the anti-terror law only provided for the accused to be “informed” about the arrest within 24 hours of being apprehended.

The judge also held that the recent Supreme Court decision directing the Enforcement Directorate to henceforth furnish the grounds of arrest to the accused in writing “without exception” cannot be made applicable to UAPA cases as the sensitivity of the information gathered by the investigating authorities in the latter is of “greater significance having direct impact on the issues relating to national security”.

“It is held that the grounds of arrest need to be informed to the arrestee within 24 hours of such arrest, however furnishing of such grounds, in writing, are not mandated by the UAPA,” the court said.

“Keeping in view the law laid down by the Supreme Court in (the case of) Pankaj Bansal, and also considering the stringent provisions of UAPA, it would be advisable that the respondent, henceforth, provide grounds of arrest in writing, though after redacting what in the opinion of the respondent would constitute ‘sensitive material’,” the court said.

This approach, it said, would obviate any challenge to the arrest in a case such as the present one.

The court also observed that the order of the top court on furnishing grounds of arrest in writing, which was being relied upon the by petitioner to seek relief, was passed in view of the statutory provisions under the Prevention of Money Laundering Act (PMLA) and there was “no such similar statutory obligation” under UAPA.

“Clearly the PMLA is an enactment for maintaining the internal law and order in relation to financial crimes and may or may not have relation to threats to the stability, sovereignty and integrity of this country,” the court observed.

“Thus, the ratio laid down by the Supreme Court in Pankaj Bansal while relying upon (the case of) V Senthil Balaji which was purely in relation to the provisions of PMLA cannot, by any stretch of imagination, be made applicable, mutatis mutandis (with the necessary changes having been made), to the cases arising under UAPA,” it said.

The court ultimately dismissed the petition by Mr Purkayastha as well as the portal’s human resources department head Amit Chakravarty, holding that there was no “procedural infirmity” or violation of legal or constitutional provisions in relation to the arrest.

Mr Purkayastha and Mr Chakravarty were arrested by the Special Cell of the Delhi Police on October 3 in the case lodged under anti-terror law Unlawful Activities (Prevention) Act (UAPA) for allegedly receiving money to spread pro-China propaganda.

They subsequently moved the high court challenging the arrest as well as the seven-day police custody and sought immediate release as an interim relief.

On October 10, the trial court sent them to judicial custody for ten days.

According to the FIR, a large amount of funds to the news portal allegedly came from China to “disrupt the sovereignty of India” and cause disaffection against the country.

It also alleged that Mr Purkayastha conspired with a group – People’s Alliance for Democracy and Secularism (PADS) – to sabotage the electoral process during the 2019 Lok Sabha polls. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

The Central Bureau of Investigation (CBI) has taken over the investigation into the alleged violations in foreign funding by NewsClick website, sources have said.

The Special Cell of Delhi Police arrested NewsClick founder Prabir Purkayastha on October 3 under anti-terror law, Unlawful Activities (Prevention) Act, days after a New York Times investigation alleged that the news portal had received funding from a network pushing Chinese propaganda.

Amit Chakravarty, the HR head of the news portal, was also arrested.

The arrests were made after day-long searches at the homes of journalists linked with NewsClick across Delhi-NCR and Mumbai.

Earlier, the Enforcement Directorate had registered a case against the news portal and investigated its funding. The central agency had also attached some assets linked to the news portal.

The case, sources said, relates to alleged violations in foreign funding and its use. The fresh FIR is based on information shared by the Enforcement Directorate.

The ED had earlier alleged that the news portal received a sum of nearly Rs 38 crore from entities linked to China, and how this amount was used is under the scanner.

In August, a New York Times investigation had alleged that NewsClick is among organisations that were funded by a network linked to US millionaire Neville Roy Singham that pushes Chinese propaganda.

The news portal’s offices were also searched by Income Tax officers in 2021 in an alleged tax evasion case.

New Delhi:

Delhi court Tuesday sent to 10-day judicial custody NewsClick founder Prabir Purkayastha and human resources department head Amit Chakravarty, arrested in a case lodged under anti-terror law UAPA over allegations that the news portal received money to spread pro-China propaganda. The two were produced before Additional Sessions Judge Hardeep Kaur around 2:50 PM.

The prosecution sought 10 days judicial custody for the duo, which was firmly opposed by Mr Purkayastha’s counsel, who asserted “prima facie” no case was made out against his client.

“What terrorist act have I committed? How can I as a journalist commit such an act? What is the allegation in the FIR? That we have done critical reporting of (government’s) Covid policy and farmers protest. Is that terrorism?” the lawyer said.

The counsel said if there was even an iota of doubt about their guilt, sending them to judicial custody will be a “travesty of justice”.

The counsel for Mr Chakravarty argued he was not a journalist nor had he received any payment.

 “There is no such allegation that there is a map of India, published by Newsclick, that shows India without Kashmir and Arunachal Pradesh,” he said.

Countering the arguments, the Special Public Prosecutor (SPP) Atul Shrivastava said the case was at a stage when evidence was still being collected, and the prosecution has sought judicial custody for the accused in all “fairness”.

The Special Cell of Delhi Police had arrested Mr Purkayastha and Mr Chakravarty on October 3. Police also sealed NewsClick’s office in Delhi.

According to the FIR, a large amount of funds to the news portal came from China to “disrupt the sovereignty of India” and cause disaffection against the country.

It also alleged Mr Purkayastha conspired with a group — People’s Alliance for Democracy and Secularism (PADS) — to sabotage the electoral process during the 2019 Lok Sabha polls.

Raids were conducted at 88 locations in Delhi and seven in other states on October 3 on the suspects named in the FIR and those that surfaced in the analysis of data, police said.

Around 300 electronic gadgets were also seized from the offices of NewsClick and the residences of the journalists who were examined.  Following the raids, 46 individuals, including nine female journalists, were questioned by the Special Cell in Delhi and NCR.

The Delhi High Court Monday reserved its order on pleas by Mr Purkayastha and Mr Chakravarty challenging their arrest and the subsequent 7-day police remand.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

NewsClick founder Prabir Purkayastha, arrested in a case lodged under the anti-terror law Unlawful Activities (Prevention) Act (UAPA) for allegedly receiving money to spread pro-China propaganda, told the Delhi High Court on Monday the allegations against him were “false” and “bogus”, and “not a penny has come from China”.

Justice Tushar Rao Gedela reserved the order on pleas by Mr Purkayastha and the news portal’s human resources department head Amit Chakravarty challenging their arrest and the subsequent 7-day police remand after the investigation agency defended its action claiming NewsClick received Rs 75 crore from a person in China to ensure the country’s stability and integrity were compromised.

“Arguments heard. Order reserved,” Justice Gedela said after hearing the rival sides for around two hours.

The court said any further remand of the accused would be subject to its order on the petitions by the two senior executives of the news portal.

Mr Purkayastha and Mr Chakravarty, who were arrested by the Special Cell of the Delhi Police on October 3, had moved the high court last week challenging their arrest and subsequent police custody and sought immediate release as interim relief.

Solicitor General (SG) Tushar Mehta, appearing for the investigation agency, said the case involves “serious offences” and the probe was still going on.

“About Rs 75 crore odd… the investigation is on and I can show it from case diary… came from a person staying in China and the purpose is to ensure that the stability and especially the integrity of this country is compromised,” he said.

“One of the most serious allegations found in the e-mail exchanges between accused persons with somebody sitting in China is that we will prepare a map where we will show J&K and what we call Arunachal Pradesh… they use the expression which Chinese use namely ‘northern border of India’ and not show that (Arunachal) to be a part of India,” SG Mehta told the court.

Senior advocate Kapil Sibal, representing Purkayastha, refuted the claim.

“All facts are false. Not a penny has come from China…The whole thing is bogus,” Mr Sibal said.

Mr Sibal, along with senior advocate Dayan Krishnan, contended their arrest and remand in the present case cannot be sustained on several legal counts, including that they were not told about the grounds of arrest at the time of arrest or even to date. The remand order was passed by the trial court in a mechanical manner, in the absence of their lawyers, they said.

Mr Purkayastha’s lawyers argued the arrests were in violation of a recent Supreme Court decision that made it mandatory for police to supply written grounds of arrest to an accused at the time of being apprehended.

Mr Sibal said there was an “obvious discrepancy” in the trial court’s remand order because while the order recorded 6 am as the time of pronouncement, in terms of the high court rules, Mr Purkayastha’s lawyer was sent the remand application through WhatsApp only at 7 am.

Mr Krishnan added that supplying grounds of arrest and having a lawyer of choice was a “constitutional requirement” under Article 22 of the Constitution, which enables an accused to object to remand.

SG Mehta maintained the arrest was “legal as per the textual requirements of UAPA” because the accused were “informed” about the grounds of arrest.

He said a legal aid counsel was present before the trial court when the remand application was taken up for hearing.

Mr Mehta asserted mere quashing of the remand order would not result in the accused “walking free” and suggested since the police custody was coming to an end, the accused could be sent to judicial custody, after which they can apply for regular bail.

The senior law officer also submitted that the Supreme Court’s decision pertaining to the supply of grounds of arrest in written form was for offences under the Prevention of Money Laundering Act, which was distinct from the UAPA, and that the ruling will have a “prospective effect” and not be applicable to this case.

“We intimated to him the grounds of arrest. It is not disputed. He was informed about grounds of arrest and produced before the special court within a stipulated time,” SG Mehta said.

“Tomorrow, police custody is getting over… It is a wrong proposition of law that quashing remand will result in the accused walking free… Remand is curable. I can place him in judicial custody and apply for remand afresh,” he added.

Mr Sibal contended a remand order cannot validate an arrest that has not been made as per the legal requirements.

Mr Mehta argued the reference to 6 am in the remand order was in the context of the production of the accused and not the pronouncement of the order.

Case diary is given for your perusal and “we have nothing to hide”, Mr Mehta told Justice Gedela.

The counsel for Mr Chakravarty told the court that he suffered from polio and his arrest was not required as he was neither a journalist nor an editor who would be responsible for the content on the portal. He said Mr Chakravarty has always cooperated with the probe.

Besides challenging their arrest, the two have also sought quashing of the FIR in the case.

The court said it will deal with the issuance of notice on this aspect at the time of its decision on the challenge to arrest and remand.

According to the FIR, a large amount of funds to the news portal came from China to “disrupt the sovereignty of India” and cause disaffection against the country.

It also alleged Mr Purkayastha conspired with a group — People’s Alliance for Democracy and Secularism (PADS) — to sabotage the electoral process during the 2019 Lok Sabha polls.

A raid was conducted on October 3 at 88 locations in Delhi and seven in other states on the suspects named in the FIR and those that surfaced in the analysis of data, the police said.

A total of 46 journalists and contributors to NewsClick were questioned on Tuesday and their mobile phones and other electronic gadgets seized. Police also sealed the NewsClick’s office in Delhi.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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Supply copy of FIR to NewsClick founder, court tells Delhi Police

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New Delhi:

A city court on Wednesday issued notice to the Delhi police on a plea filed by NewsClick founder Prabir Purkayastha and HR head Amit Chakravarty, arrested in a case lodged under anti-terror law UAPA following allegations about the news portal having received money for pro-China propaganda, seeking a copy of the FIR.

Additional Sessions Judge Hardeep Kaur directed police to file its response by tomorrow when the court will hear arguments on the application.

The court, meanwhile, agreed to hand over a copy of the remand application, filed by police, to Advocate Arshdeep Singh Khurana, the counsel for the accused.

Mr Khurana requested the court for a copy of the FIR so he could move the Delhi High Court for legal remedies available to the accused.

The court also allowed the counsel to meet the accused for one hour daily during the remand period.

The judge posted the matter for tomorrow, after the city police submitted its Special Public Prosecutor was not present to argue the matter.

Purkayastha and Chakravarty were remanded in police custody for seven days after they were produced at the judge’s residence, officials said.

Police had on Tuesday searched more than 30 locations, questioned several journalists in connection with the case, and arrested Purkayastha and Chakravarty.

Police sealed NewsClick’s office in Delhi on Tuesday. Officials said 46 “suspects” were questioned and digital devices, including laptops and mobile phones, and documents were taken away for examination.

Among those questioned were journalists Urmilesh, Aunindyo Chakravarty, Abhisar Sharma, Paranjoy Guha Thakurta as well as historian Sohail Hashmi, satirist Sanjay Rajoura and D Raghunandan of the Centre for Technology & Development.

After being questioned for over six hours, they were allowed to go.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

A day after the arrest of two people, including the founder and Editor-in-Chief of NewsClick, Prabir Purkayastha and Human Resources Head Amit Chakravarty were sent to seven days of police remand on Wednesday.

On Tuesday, the Delhi Police arrested two persons including founder and Editor-in-Chief of NewsClick Prabir Purkayastha after quizzing them in their office following raids at his premises under the Unlawful Activities (Prevention) Act (UAPA) and other sections, the police officials said.

According to the Delhi Police, a total of 37 male suspects have been questioned at the premises, and nine female suspects have been questioned at their respective places of stay.

“Regarding the search, seizure and detentions carried out today in connection with a UAPA case registered with Special Cell, so far two accused, Prabir Purkayastha and Amit Chakravarty have been arrested. A total of 37 male suspects have been questioned at the premises, and nine female suspects have been questioned at their respective places of stay,” the police said.

It further said that the digital devices, documents etc have been seized and collected for examination.

The Editor-in-Chief of NewsClick, Prabir Purkayastha and writers Paranjoy Guha Thakurta and Urmilesh were brought to the special cell offices in the national capital as part of the investigation as Delhi Police launched a crackdown against NewsClick and its journalists earlier this morning in connection with an FIR registered under the Unlawful Activities (Prevention) Act (UAPA).

The Delhi Police’s Special Cell on Tuesday afternoon sealed the office of the online news portal in the national capital.

The raids were carried out at more than 30 locations in connection with a case registered on August 17 under UAPA and other sections of IPC, including 153A (promoting enmity between two groups), and 120 B (criminal conspiracy).

Earlier, on August 10, a report in the New York Times had alleged that NewsClick was part of a global network that receives funding from American billionaire Neville Roy Singham.

Mr Singham is known as a socialist benefactor of far-left causes and is at the centre of a lavishly funded influence campaign that defends China and pushes its propaganda.

Mr Singham is also said to have close ties with the Chinese government’s media machine.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Washington:

The United States has seen reports about the alleged ties of an Indian media outlet, which was raided by officials a day earlier, with China but cannot comment on the veracity of the claims, an official said.

We have seen reports about this outlet’s ties to the People’s Republic of China, “but we can’t comment yet on the veracity of those claims”, State Department Spokesperson Vedant Patel told reporters at a news conference here.

“Separately, of course though, the US government strongly supports the robust role of the media globally, including social media, in a vibrant and free democracy,” he said.

“We raise concerns on these matters with the Indian government, with countries around the world, through our diplomatic engagements that are at the core of our bilateral relationship.

“We have urged the Indian government and have done so not just with India, but other countries as well, about the importance of respecting the human rights of journalists, including freedom of expression both online and offline,” he said.

“I don’t have additional information though, about this particular circumstance or any of the underlying issues that may or may not be related to this outlet, however,” Mr Patel added.

The New York Times, in an investigated story in August, reported about the raided Indian media outlet receiving funds from an Indian American having ties to Chinese propaganda interests.

“A Times investigation had linked the site to a pro-China network,” the daily reported.

“In New Delhi, corporate filings show, Mr. Singham’s network financed a news site, NewsClick, that sprinkled its coverage with Chinese government talking points,” The New York Times then wrote.

In a statement, the Indian American Muslim Council (IAMC), an advocacy organisation of diaspora Indian Muslims, strongly condemned the raid on the office of the news portal and journalists associated with it.

The IAMC called upon the government to immediately drop the “baseless” case against NewsClick and release all journalists who have been unjustly detained.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

The Delhi Police has levelled a series of strong allegations against NewsClick, whose founder and HR head have been arrested under a stringent anti-terror law. Sources in the force alleged the news portal received Rs 38 crore from entities linked to Chinese individuals and some of its funds were shared with activists Gautam Navlakha and Teesta Setalvad, who are accused in other cases.

Days after a New York Times investigation alleged that the news portal had received money for pro-China propaganda, the police carried out searches at the home of journalists linked to NewsClick at over 100 locations in Delhi-NCR and Mumbai on Tuesday. 

Inflow

Delhi Police sources alleged NewsClick received Rs 38 crore from entities allegedly linked to Chinese individuals and the funds were used to influence pro-China content on the portal. They claimed Rs 9 crore was received as Foreign Direct Investment (FDI) through inflating share prices and 29 crore was received as fees for export services. 

“No proof was submitted by NewsClick for exporting any services to foreign entities,” a source said.

‘Fund Sharing?’

The sources claimed that some of the funds collected by NewsClick were also shared with Gautam Navlakha and Teesta Setalavad. 

Mr Navlakha was arrested in the Elgar Parishad-Maoist links case in 2018 and has been under arrest since then. In November last year, the Supreme Court had allowed the journalist-activist to be placed under house arrest because of his deteriorating health condition. 

Mr Navlakha was among several activists who had been arrested in a case related to alleged inflammatory speeches made at the Elgar Parishad conclave held on December 31, 2017. Police claimed that these speeches triggered violence the next day at a gathering near the Koregaon-Bhima war memorial near the city. 

Teesta Setalavad was arrested in June 2022 along with former Gujarat police chief RB Sreekumar and former IPS officer Sanjiv Bhatt for allegedly using her close associates and riot victims to file “false and fabricated affidavits before the Supreme Court with a view to unseat the establishment and to tarnish the image of the establishment and the then chief minister.”

She was granted bail by the Supreme Court in July this year. The bench had questioned the motives and timing of Ms Setalvad’s arrest and said it thought the case against her was suspect. 

NewsClick has not reacted to these charges so far.

Other Reactions

The sources said 46 individuals associated with NewsClick are under investigation by agencies.  “A total of 37 male suspects have been questioned at premises, 9 female suspects have been questioned at their respective places of stay and digital devices, documents etc. have been seized/collected for examination. The proceedings are still ongoing; so far, two accused have been arrested – NewsClick founder Prabir Purkayastha and HR head Amit Chakravarty,” a source said. 

A statement released by the Editors Guild of India said, “EGI is concerned that these raids are yet another attempt to muzzle the media. While we recognise that the law must take its course if actual offences are involved, the due process has to be followed. The investigation of specific offences must not create a general atmosphere of intimidation under the shadow of draconian laws, or impinge on the freedom of expression and the raising of dissenting and critical voices.”

The Opposition parties have slammed the government over the raids. “The Indian National Developmental Inclusive Alliance (INDIA) parties strongly condemn the Bharatiya Janata Party (BJP) government’s fresh attack on the media. We steadfastly stand with the media and for the constitutionally protected freedoms of speech and expression,” a joint statement by the bloc said.

The government has, however, said it does not need to justify the agencies’ action. “If anyone has done anything wrong, search agencies are free to carry out investigations against them under set guidelines,” Union Minister Anurag Thakur said.

New Delhi:

The homes of several journalists associated with NewsClick were searched today in connection with a case under the stringent Unlawful Activities (Prevention) Act (UAPA) case. According to sources, Delhi Police had registered the case under the anti-terror law on August 17, days after a New York Times investigation alleged that the news portal had received funding from a network pushing Chinese propaganda.

The searches today were conducted by officers from the Special Cell of Delhi Police at around two dozen locations in Delhi-NCR. No arrests have been made so far, but sources said some journalists have been taken to police stations for questioning.

Earlier, the Enforcement Directorate had registered a case against the news portal and investigated its funding. The central agency had also attached some assets linked to the news portal.

The case, sources said, relates to alleged violations in foreign funding and its use. The fresh FIR is based on information shared by the Enforcement Directorate.

The ED has earlier alleged that the news portal received a sum of nearly Rs 38 crore from entities linked to China, and how this amount was used is under the scanner.

People who have received salaries or remunerations from NewsClick are under the scanner. Laptops and phones of journalists whose homes were searched today have been seized for further probe.

Police sources said more information about the searches will be shared later.

In August, a New York Times investigation had alleged that NewsClick is among organisations that were funded by a network linked to US millionaire Neville Roy Singham that pushes Chinese propaganda.

The news portal and its sources of funding came under the scanner back in 2021, when the Economic Offences Wing of Delhi Police filed a case against it. The Enforcement Directorate case was based on this case. The Delhi High Court gave NewsClick promoters protection from arrest, and the matter is now in court.

The news portal’s offices were also searched by Income Tax officers in 2021 in an alleged tax evasion case.

NewsClick’s editor Prabir Purakayastha had then hit out at the crackdown against the news portal. “These investigations by various agencies, and these selective allegations, are attempts to stifle the independent journalism of media organisations – including NewsClick. The Constitution of India under Article 19(1)(a) guarantees the right to freedom of speech and expression, a right central to our work,” he had said.

Following the New York Times report in August, Mr Purkayastha had told The Indian Express. “These are not new allegations. They have been made in the past. We will respond to them in the appropriate forum, i.e. the court, as the matter is sub judice.”

The Press Club of India has expressed concerns over the raids. “The Press Club Of India is deeply concerned about the multiple raids conducted on the houses of journalists and writers associated with Newsclick. We are monitoring the developments and will be releasing a detailed statement.

The Press Club of India is deeply concerned about the multiple raids conducted on the houses of journalists and writers associated with #Newsclick.

We are monitoring the developments and will be releasing a detailed statement.

— Press Club of India (@PCITweets) October 3, 2023

“The PCI stand in solidarity with the journalists and demands the government to come out with details. #DefendMediaFreedom,” it added.

Responding to media queries over the searches against NewsClick, Union Minister Anurag Thakur said, “I don’t need to justify… If anyone has committed anything wrong, search agencies are free to carry out investigations against them under set guidelines…”