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New Delhi: ‘NewsClick’ (Newsclick) founder and editor Prabir Purkayastha was released from jail on Wednesday, hours after the Supreme Court termed his arrest “illegal”. The decision given by the Supreme Court in this matter is important for every common citizen of the country to know. Because this decision will give the common man an opportunity to know what is the appropriate legal procedure for him in any case. If people remain aware of the proper legal process, then there will be very little possibility that their fundamental rights will be violated. Those special things about the court’s decision which are very useful for every citizen of the country.
Fundamental rights of any person in case of arrest
Hearing this case, the Supreme Court said that any person arrested on charges of UAPA or other crimes has a fundamental and statutory right to be informed in writing about the grounds of arrest. The purpose of the court saying this is clear that legal action should be the same for any person and it cannot be ignored under any circumstances.
It is necessary to get a copy of the written basis of arrest soon
Justice B. R. A bench of Justice Gavai and Justice Sandeep Mehta said that a copy of such written grounds of arrest should be given to the arrested person “as soon as possible without any exception.” The court’s observation made it clear that the arrested person should In any case, a copy of the written grounds of arrest should be obtained as soon as possible, so that one can have complete information about the action being taken against one.
Arrest invalid if remand copy of arrest is not received
A bench headed by Justice BR Gavai said, “There is no hesitation in coming to the conclusion that the remand copy for arrest was not given in writing, due to which the arrest is illegal.” This is clear from what the bench headed by Justice BR Gavai said.
Fundamental rights cannot be encroached upon
The court has rejected any attempt to encroach on fundamental rights. The Court said that thus, any attempt to violate such fundamental rights guaranteed by Articles 20, 21 and 22 of the Constitution has to be dealt with strictly. It is also clear from the court’s comment that if this happens, it will be considered a violation of the fundamental rights of humans.
Inalienable right to life and personal liberty
The Supreme Court said that the right to life and personal liberty is the “most inviolable” fundamental right guaranteed under Articles 20, 21 and 22 of the Constitution. This also cannot be ignored or ignored in any way. What the court said during the hearing is a clear message that the right to life and personal liberty has its own special importance for every citizen.
Why did the court declare Purkayastha’s arrest illegal?
The Supreme Court termed Purkayastha’s arrest in a case under UAPA as ‘illegal in the eyes of law’ and ordered his immediate release from custody. The court said that the right to life and personal liberty is the “most inviolable” fundamental right guaranteed under Articles 20, 21 and 22 of the Constitution.
Writing a 41-page judgment, Justice Mehta said Purkayastha’s arrest, the subsequent remand order of October 4 last year and the Delhi High Court’s October 15 order validating the remand, were contrary to law and hence quashed Went.
What did the Supreme Court say while giving the release order?
During the hearing of this case, the Supreme Court said that any person arrested on charges of UAPA or other crimes has a fundamental and statutory right to be informed in writing about the grounds of arrest. Can’t pick up anyone just like that.
Accepting all the arguments of senior lawyer Kapil Sibal, the bench of Justices BR Gavai and Sandeep Mehta said, “We would have agreed to direct the release of the appellant without the need to furnish bond, but since the charge sheet has been filed Therefore, we find it appropriate to direct that the appellant be released from custody on furnishing surety bond to the satisfaction of the trial court.
Later in the day, the Patiala House Court ordered the release of Purkayastha on a bail bond of Rs 1 lakh and three conditions. While granting conditional bail in this case, the court said that he will not contact the witnesses in the case and will not go on a foreign trip without the permission of the court.
Court reminded police of their duty
Elaborating on the mandatory duty of the police to give written information on the grounds of arrest, the Supreme Court said that it requires the arrested person to be informed of “all the basic facts on the basis of which he is being arrested.” should be done, so that he can be provided an opportunity to defend himself against the custodial remand.
The court said that despite applying, a copy of the FIR was not provided to Purkayastha. The copy of the FIR was provided to him two days after his arrest on October 5 last year and he was sent to police custody a day later.
When was the Newsclick editor arrested?
Delhi Police arrested Purkayas on October 3 last year after several raids, including the Newsclick office and the residences of editors and journalists of the news portal.
