The Supreme Court on Wednesday said the arrest of NewsClick founder Prabir Purkayastha under UAPA is "invalid", directing his immediate release from custody.
The apex court bench, comprising Justice B.R. Gavai and Justice Sandeep Mehta, observed that the remand application or the reason for his arrest was not supplied to him or his lawyer before his custody application was decided by the trial court.
"There is no hesitation in the mind of the court that the grounds of arrest were not provided, which vitiates the arrest. The appellant is entitled to release from custody after the Pankaj Bansal case. The remand order is invalid," said Justice Mehta.
Last month, the top court had questioned the Delhi police for producing Purkayastha before the magistrate without informing his lawyer after his arrest.
The FIR against NewsClick alleged that the news portal received funds from China to "disrupt the sovereignty of India" and cause disaffection against the country. It also claimed that the NewsClick founder conspired with People's Alliance for Democracy and Secularism (PADS) to sabotage the 2019 Lok Sabha elections.
