The Supreme Court on Wednesday said it felt “no hesitation” to declare the arrest and remand of 74-year-old journalist and online portal NewsClick founder Prabir Purkayastha under the draconian Unlawful Activities Prevention Act (UAPA) by the Delhi Police as “invalid in the eyes of law”, requiring his release from custody.
A Bench of Justices B.R. Gavai and Sandeep Mehta said neither Mr. Purkayastha nor his designated counsel were provided the grounds of his arrest in writing.
“The right to be informed about the grounds of arrest flows from Article 22(1) (an arrested person shall be informed of the grounds of arrest and allowed to consult a lawyer of his or her choice) of the Constitution and any infringement of this fundamental right would vitiate the process of arrest and remand,” Justice Mehta, who authored the judgment, held.