NewsClick arrests: Delhi court allows plea by Prabir Purkayastha, Amit Chakraborty to get FIR copy

A Delhi court on Thursday allowed a plea by NewsClick editor Prabir Purkayastha and the website's Human Resources (HR) head Amit Chakraborty seeking a copy of the first information report (FIR) registered against them for offences under the Unlawful Activities Prevention Act (UAPA). .Additional Sessions Judge (ASJ) Hardeep Kaur directed Delhi Police to furnish copy of the FIR to the two accused despite strong opposition by the former..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.In August, the New York Times report accused NewsClick of being an organisation funded by a network linked with US millionaire Neville Roy Singham, to allegedly promote Chinese propaganda..Purkayastha and Chakraborty were arrested on October 3 following a long questioning and searches at several locations. However, they said that neither the FIR copy nor the remand order was given to them or their counsel.Both were remanded to seven days police custody in the early hours of Wednesday morning.Later in the day, they approached the Delhi court seeking these documents. The case was also heard today before the court pronounced its order.The Delhi Police opposed the plea and said that the case is sensitive and that in such matters, the police can withhold the FIR. In such an event, the proper procedure is to first approach the office of the Police Commissioner who will set up a committee to see the grievance. If the FIR is still not provided, then the accused can move the court, Additional Public Prosecutor (APP) Atul Srivastava said.The two accused did not follow the proper procedure in this case, he submitted."You cannot directly jump to the court. You should have approached the commissioner as per the law established. This application is premature," the APP contended. Advocate Arshdeep Singh appeared for Purkayastha and submitted that it is their right to get a copy of the FIR. "Law is very clear that as a matter of right, I have to be provided the copy of the FIR. Even if they are saying that the matter is sensitive, yet there is no bar. FIR is before the ladyship and there is no bar in providing me the copy and my legal rights are being infringed. We are on the third day of the arrest," Singh argued.The Court, after hearing both sides, has allowed the plea. .Besides the UAPA case, the Economic Offences Wing (EOW) of the Delhi Police is also probing NewsClick in another case. The Enforcement Directorate (ED) had also registered a case against the website based on the EOW FIR.The Delhi High Court had earlier ordered both ED and EOW not to take any coercive steps against Purkayastha and NewsClick in those cases..NewsClick has countered the allegations against it and said it is an independent website and that its "journalistic content is based on the highest standards of the profession."In a statement, the portal also denied publishing any news or information at the behest of any Chinese entity or authority and said that it does not take directions from Neville Roy Singham regarding the content published on its website. "All journalistic content ever published on the Newsclick website is available on the internet, and can be seen by anyone. The Special Cell of Delhi Police has not referred to a single article or video that they consider to be Chinese propaganda. Indeed, the line of questioning adopted by the Special Cell of the Delhi Police – regarding reportage on the Delhi riots, the farmers protests etc., all demonstrate the motivated and malicious intent behind the present proceedings," the statement read.