New Delhi, 14 Oct 2023: The Delhi High Court declined to intervene in the arrest and following police remand of NewsClick founder Prabir Purkayastha and the portal’s human resources department head, Amit Chakravarty. The case against them is filed under the Unlawful Activities (Prevention) Act (UAPA).

Based on a report from Kashmir Media Service, both Purkayastha and Chakravarty claimed that they weren’t provided with the reasons for their arrest upon apprehension. Additionally, they argued that the order for their remand by the trial court was issued without the presence of their legal representation.

However, these contentions were dismissed by Justice Tushar Rao Gedela, who stated that there was no “procedural infirmity” or any breach of legal or constitutional norms concerning the arrest. The judge clarified that under the UAPA, the reasons for arrest should be conveyed to the individual within 24 hours, but there’s no requirement for those reasons to be provided in written form.

While the court upheld the arrest and remand’s validity, it did suggest that in future cases, it would be “advisable” for the police to furnish the reasons for an arrest in writing, albeit with “sensitive material” redacted. Concluding its decision on the matter, the court said, “The petition, being devoid of any merit, along with pending applications, is dismissed,” in reference to the plea put forth by the portal’s founder.