Why Delhi High Court ordered release of NewsClick HR Head Amit Chakraborty in UAPA case

The Delhi High Court on Monday ordered the release of Amit Chakraborty, the human resources (HR) head of news portal NewsClick, in a case filed against the platform under Unlawful Activities Prevention Act (UAPA) [Amit Chakraborty v State NCT of Delhi]. .Justice Swarana Kanta Sharma passed the order on a petition moved by Chakraborty after he turned approver in the case. Chakraborty was arrested along with NewsClick Editor-in-Chief Prabir Purkayastha on October 3 last year following a series of raids conducted by the Delhi Police.A criminal case had been registered against the news platform in the wake of allegations made in a New York Times article that it was being paid to boost Chinese propaganda.Chakraborty turned approver in the case in January 2024. .In a detailed order, Justice Sharma said that Chakraborty shall be released from custody subject to him complying with the conditions on which he was pardoned. "Having considered the facts and circumstances of the case, the no objection of the prosecution in releasing the petitioner from custody, as well as the medical condition of the petitioner, this Court directs that the petitioner herein be released on his furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount, subject to the satisfaction of concerned Trial Court," the Court ordered. It also noted that Chakraborty's disability and his reliance on wheelchair. "The petitioner's medical condition warrants special consideration and calls for a humane and understanding approach to his situation. In cases where an individual's physical disability significantly affects his well-being and daily functioning, the Court must acknowledge its responsibility to intervene judiciously and consider the possibility of relief or release from custody if the same is permissible under law.".As per the Police, the accused 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 funds were allegedly fraudulently infused by Neville Roy Singham - stated to be an associated with Communist Party of China's propaganda department, through a complex network of entities, the investigating agency has claimed..A Court in Delhi recently took cognisance of the chargesheet filed against NewsClick and Purkayastha.NewsClick has denied the allegations made in the chargesheet."NewsClick reiterates, once again, that the investigations by the Delhi Police and other agencies are attempts to target our independent journalism. NewsClick’s coverage of protests and critiques of the government’s policies is being portrayed as anti-India. All the allegations levelled against us are concocted and baseless," it said in a statement released on May 01..Notably, Purkayastha and Chakraborty’s petitions challenging their arrest and remand were rejected by the High Court on October 13, 2023. They later challenged the decision before Supreme Court.While Chakraborty withdrew his plea in January this year after he turned approver, the judgment on petition challenging Purkayastha's arrest is reserved at present..Advocates AS Kulshrestha and Lalit Kumar appeared for Amit Chakraborty. Advocates Zoheb Hossain, Akhand Pratap Singh, Manoj Pant, Akhilesh Pratap Singh, Hina Khan and Lalit Kumar appeared for the State. .[Read Judgement]