NewsClick founder Prabir Purkayastha who was arrested for allegedly receiving money to spread pro-China propaganda submitted in the Delhi High Court on Monday (October 9) that allegations against him were “false” and “bogus” and “not a penny has come from China”.
Justice Tushar Rao Gedela reserved the order on pleas filed by the portal’s founder and its human resources department head Amit Chakravarty challenging their arrest and also the subsequent 7-day police remand.
The investigation agency claimed that NewsClick received Rs 75 crore from a person in China to destabilise the country.
“Arguments heard. Order reserved,” said Justice Gedela said after hearing both sides for nearly two hours.
The court said that further remand of the accused persons will be subject to its order on the petitions.
Purkayastha and Chakravarty, who were arrested by the Special Cell of the Delhi Police on October 3, had moved the high court last week challenging their arrest and subsequent police custody, and sought immediate release as interim relief.
Solicitor General argues
Solicitor General (SG) Tushar Mehta, who represented the investigation agency, said that the case pertains to “serious offences” and a probe into the case was still underway.
"About Rs 75 crore odd...investigation is on and I can show it from case diary...came from a person staying in China and the purpose is to ensure that the stability and especially the integrity of this country is compromised," he said.
"One of the most serious allegations found in the e-mail exchanges between accused persons with somebody sitting in China is that we will prepare a map where we will show J&K and what we call Arunachal Pradesh...they use the expression which Chinese use namely 'northern border of India' and not show that (Arunachal) to be a part of India," SG Mehta told the court.
Kapil Sibal denies claims
Senior advocate Kapil Sibal, representing Purkayastha, denied the claim.
"All facts are false. Not a penny has come from China...The whole thing is bogus," Sibal said.
Sibal along with senior advocate Dayan Krishnan contended their arrest and remand in the present case cannot be sustained on several legal counts including that the duo was not told about the grounds of arrest at the time of arrest or even till date.
“The remand order was passed by the trial court in a mechanical manner, in the absence of their lawyers,” they said.
Purkayastha's lawyers argued that the arrests violated a recent Supreme Court decision which made it mandatory for the police to provide written grounds of arrest to an accused at the time of being apprehended.
"We intimated him the grounds of arrest. It is not disputed. He was informed about grounds of arrest and produced before the special court within stipulated time," SG Mehta said.
"Tomorrow, police custody is getting over…It is a wrong proposition of law that quashing remand will result in accused walking free...Remand is curable.I can place him in judicial custody and apply for remand afresh," he added.
What does police FIR say?
According to the FIR, a large amount of funds to the news portal came from China to "disrupt the sovereignty of India" and cause disaffection against the country.
It also alleged Purkayastha conspired with a group -- People's Alliance for Democracy and Secularism (PADS) -- to sabotage the electoral process during the 2019 Lok Sabha polls.
A raid was conducted on October 3 at 88 locations in Delhi and seven in other states on the suspects named in the FIR and those that surfaced in the analysis of data, the police said.
A total of 46 journalists and contributors to NewsClick were questioned on Tuesday and their mobile phones and other electronic gadgets seized. NewsClick's office in Delhi was also sealed.(With PTI inputs)
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