NewsClick case: Delhi HC seeks police stand on editor's plea against UAPA FIR

The Delhi High Court on Friday sought the stand of the city police on a plea by NewsClick founder Prabir Purkayastha challenging the FIR against him under the anti-terror law UAPA over allegations of spreading pro-China propaganda.

Justice Swarana Kanta Sharma issued notice on the petition that was filed in 2023 after the journalist's arrest in October. The counsel for Delhi Police opposed issuance of notice on the petition and informed the court that the news portal's human resources department chief Amit Chakravarty has turned approver in the case.

The Special Cell of Delhi Police had arrested Purkayastha and Chakravarty on 3 October 2023, and both of them are currently in judicial custody.

According to the FIR, a large amount of funds to the portal came from China to "disrupt the sovereignty of India" and cause disaffection against the country. It also alleged that Purkayastha conspired with the People's Alliance for Democracy and Secularism (PADS) to sabotage the electoral process during the 2019 Lok Sabha polls.

In his petition, Purkayastha has said the UAPA FIR is the second such based on the "same allegations and same alleged conspiracy" being probed in an already pending FIR lodged by the Economic Offences Wing (EOW), which is not permissible.

It said no offence under the Unlawful Activities Prevention Act (UAPA) or IPC are made out against the petitioner and the FIR is mala fide.

"The FIR are centered around purely journalistic work carried out by the said Company which may involve criticism of the functioning of the incumbent Government regarding its functioning, policies etc. Impartial and fair journalism and criticism of the Government cannot be equated with questioning the sovereignty or integrity of India," the petition said.

"It is submitted that if such fair and impartial reporting and journalism is given the colour of an offence under UAPA by alleging it to be unlawful activities, the same would infringe upon the right to freedom of speech and expression which is protected as a fundamental right under Art. 19(l)(a) of the Constitution of India," the plea claimed.

According to police, raids were conducted at 88 locations in Delhi and seven in other states on 3 October last year on the suspects named in the FIR and those that surfaced in the analysis of data.

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.

On 13 October, the high court had refused to interfere with the arrest and subsequent police remand of Purkayastha and Chakravarty. The matter will be heard next in July.