NewsClick arrests: Supreme Court directs AIIMS to conduct independent medical examination of Prabir Purkayastha

The Supreme Court on Tuesday directed the All India Institute of Medical Sciences (AIIMS), Delhi to hold an independent medical examination of NewsClick founder Prabir Purkayastha [Prabir Purkayastha v. State of NCT of Delhi]..A Bench of Justices BR Gavai and Sandeep Mehta observed,"Board consisting of specialist medical officer, Central Jail Tihar is received. It is submitted that the report does not show the true medical condition of the petitioner. It is submitted that the record will reveal the report is not correct. Taking into consideration all this, it will be appropriate that the medical condition is examined by a board appointed by the AIIMS Director. The board shall also consider the jail records, complete medical history of petitioner. List after two weeks.".When a passover was sought and the matter was scheduled for 2 PM today, Senior Advocate Kapil Sibal, appearing for Purkayashta, remarked,"He should not pass away while they keep asking for pass over...The medical report does not show what has happened in the jail...jail records must be called."The Court rejected the argument of Additional Solicitor General SV Raju, appearing for the Delhi Police, that Purkayastha was asking for special treatment. It noted that if Asaram Bapu could get medical treatment at AIIMS, the NewsClick founder could as well."There is a convict in Jodhpur (Asaram) who keeps getting medical treatment at AIIMS...you can release him and then he can get treated wherever he wants," the Court noted..The Bench was hearing a plea filed by Purkayastha challenging the Delhi High Court’s order upholding the trial court decision to remand him and others to police custody.Purkayastha was booked under the Unlawful Activities (Prevention) Act (UAPA) and arrested on October 3 following a series of raids conducted in the wake of allegations made in a New York Times article that NewsClick was being paid to boost Chinese propaganda.The arrests were made after several hours of questioning. The Supreme Court had on October 19 sought the response of the Delhi Police in the matter.Purkayastha subsequently filed an application for interim medical bail before the apex court, tagged with the current matter..As per the first information report (FIR), Purkayastha illegally received crores of rupees in foreign funds and deployed the same with an intention to disrupt the sovereignty, unity and security of India.The FIR claimed that substantial foreign funds were illegally funneled into India by both Indian and foreign entities. These funds, amounting to crores of rupees, were received by NewsClick through illegal means over a span of five years.The funds were allegedly infused by Neville Roy Singham, purportedly an active member of the Communist Party of China's propaganda department, through a complex network of entities..The accused eventually moved the Delhi High Court challenging their arrest, remand and the FIR lodged against them under the UAPA.They argued that their arrest and remand were illegal since they were not supplied with the grounds of arrest, in violation of the recent Supreme Court judgment in Pankaj Bansal v. Union of India & Ors (M3M case).However, the High Court rejected the said argument, holding that the Pankal Bansal judgment is not squarely applicable to arrests made under the UAPA.This led to the instant appeals before the apex court.NewsClick HR head Amit Chakraborty, also implicated in the case but having later turned an approver, had in January withdrawn his plea in the matter..NewsClick withdraws plea in Supreme Court against Income Tax assessment notice; will move ITAT