NewsClick arrest: Delhi High Court says remand application did not disclose grounds of arrest; lawyer for accused not heard

The Delhi High Court Friday briefly questioned the failure by the Delhi Police to include grounds for arrest in the remand application filed by the police to get custody over NewsClick editor Prabir Purkayastha and its HR head, Amit Chakraborty in connection with the UAPA case lodged against them. .Justice Tushar Rao Gedela observed that prima facie, this appeared to be contrary to a Supreme Court judgment, possibly referring to the top court's judgment in the M3M directors' case.."Apparently, in the application for remand you don't disclose the grounds of arrest. There is a judgment of the Supreme Court staring in the eye," the judge remarked before adjourning the hearing till October 9..The Court also took note of concerns raised by the accused that the remand order appeared to be missing key aspects, including whether the lawyers for the accused were heard. "Mr Mehta (Solicitor General Tushar Mehta), please tell me. There seems to be something missing from the remand order. The counsel has not been heard," he said..The Court was hearing a plea by NewsClick's editor Prabir Purkayastha and its HR head Amit Chakraborty challenging their arrest, remand and the first information report (FIR) lodged against them in a case under the Unlawful Activities Prevention Act (UAPA)..Purkayastha and Chakraborty were arrested following a series of raids that were conducted in the wake of allegations made in a New York Times article that NewsClick was being paid to boost Chinese propaganda.Both persons were remanded to seven days of police custody in the early hours of Wednesday morning. After they were not given a copy of the FIR, they approached a Delhi court in the matter, which on Thursday allowed their plea to get an FIR copy.They then moved the High Court to quash the FIR.The matter was listed today after it was mentioned this morning for urgent listing by Senior Advocate Sibal..Appearing for Purkayastha, Senior Advocate Kapil Sibal sought release of the NewsClick editor on interim bail."The order is unsustainable. Why should I be in jail? Prima facie, if the (remand) order is wrong," he contended. .The judge, however, expressed reservations on whether the accused could be released immediately. "The allegations don't seem to be of such a nature that you (the accused) can be released immediately," he said..Sibal also registered strong protest over the manner in which Purkayastha was arrested and remanded to policy custody. ."What is happening to our courts? No grounds of arrest is given to me. The High Court rules say I am entitled to counsel. The rules further say that if the 24 hours are expiring then a temporary remand be issued so that the counsel can appear. No such order has been passed and he is remanded ... In the remand order there is no mention of grounds of arrest being supplied ... They know that I am the counsel yet they didn't inform me (of the remand hearing) but they informed their counsel. The order is passed without my response. How is this happening?" Sibal argued. Sibal recounted that the High Court has already granted NewsClick interim protection in relation to a money laundering case registered against the portal. "Before that matter was heard, this FIR was registered," he added. .Meanwhile Solicitor General Tushar Mehta requested the Court to hear the matter on Monday."There is more than something that meets the eye. Please have it on Monday. They have approached here after three days or four days. If I can't bargain for a working day, then I leave it to my Lords," Mehta added. He also argued that unnecessary hype was being created over the case. .The Court listed the matter for further hearing on October 9. The Delhi police was also asked to respond to the petition and produce the case diary. .The Court further directed that Amit Chakraborty's health should not be compromised while he is in custody, after the Court was informed that he is physically disabled by his lawyer. .Senior Advocate Siddharth Aggarwal appeared along with Sibal for Purkayastha today. .[Read live coverage of hearing]