In a significant development, the Supreme Court on May 15 ordered the release of online portal NewsClick founder Prabir Purkayastha from custody after concluding that his arrest and remand under the draconian Unlawful Activities Prevention Act, 1967 (UAPA) by the Delhi Police are “invalid in the eyes of law”.
A Bench of Justices B.R. Gavai and Sandeep Mehta pointed out that neither Mr. Purkayastha nor his designated counsel were provided the grounds for his arrest in writing, which is “sacrosanct and cannot be breached under any situation”.
The ruling emphasises the need for law enforcement agencies to adhere to proper procedure and due process, especially, in stringent UAPA cases where there is a reverse burden of proof on the accused. This makes obtaining bail extremely difficult in such cases.
