oppn parties Bail To Prabir Purkayastha: Supreme Court Bats For Due Process

News Snippets

  • The Indian envoy in Bangladesh was summoned by the country's government over the breach in the Bangladesh mission in Agartala
  • Bank account to soon have 4 nominees each
  • TMC and SP stayed away from the INDIA bloc protest over the Adani issue in the Lok Sabha
  • Delhi HC stops the police from arresting Nadeem Khan over a viral video which the police claimed promoted 'enmity'. Court says 'India's harmony not so fragile'
  • Trafiksol asked to refund IPO money by Sebi on account of alleged fraud
  • Re goes down to 84.76 against the USD but ends flat after RBI intervenes
  • Sin goods like tobacco, cigarettes and soft drinks likely to face 35% GST in the post-compensation cess era
  • Bank credit growth slows to 11% (20.6% last year) with retail oans also showing a slowdown
  • Stock markets continue their winning streak on Tuesday: Sensex jumps 597 points to 80845 and Nifty gains 181 points to 24457
  • Asian junior hockey: Defending champions India enter the finals by beating Malaysia 3-1, to play Pakistan for the title
  • Chess World title match: Ding Liren salvages a sraw in the 7th game which he almost lost
  • Experts speculate whether Ding Liren wants the world title match against D Gukesh to go into tie-break after he let off Gukesh easily in the 5th game
  • Tata Memorial Hospital and AIIMS have severely criticized former cricketer and Congress leader Navjot Singh Sidhu for claiming that his wife fought back cancer with home remedies like haldi, garlic and neem. The hospitals warned the public for not going for such unproven remedies and not delaying treatment as it could prove fatal
  • 3 persons died and scores of policemen wer injured when a survey of a mosque in Sambhal near Bareilly in UP turned violent
  • Bangladesh to review power pacts with Indian companies, including those of the Adani group
D Gukesh is the new chess world champion at 18, the first teen to wear the crown. Capitalizes on an error by Ding Liren to snatch the crown by winning the final game g
oppn parties
Bail To Prabir Purkayastha: Supreme Court Bats For Due Process

By Our Editorial Team
First publised on 2024-05-17 07:39:43

About the Author

Sunil Garodia The India Commentary view

The Supreme Court order granting bail to Newsclick founder Prabir Purkayastha is welcome. The court has stressed upon two things in its order. It has said that the grant of bail does not in any way affect the ongoing trial and the court has not commented on the merits of the case. But more importantly, it has said that due process must be followed and the provisions of the law must be adhered to strictly. The apex court had said in the PMLA case against Pankaj Bansal that investigating agencies must provide grounds of arrest in writing to the accused. In Purkayashta's case, it has extended this to UAPA too.

The apex court said that the arrest was illegal as it did not adhere to the provisions of Article 22(1) of the Constitution which states that "No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice." Purkayastha was not provided with a written copy of the grounds of his arrest. The court said that every accused "has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have to be furnished to the arrested person as a matter of course and without exception at the earliest."

Although stringent laws like the PMLA, the UAPA and the NDPSA provide for arrest and shift the burden of proof on the accused, even in these laws the requirement to provide reasons for arrest has been made a legal provision. Section 19(1) of the PMLA and Section 43B(1) of the UAPA make it mandatory for providing grounds of arrest to the accused. Hence, it cannot be argued that Purkayastha was granted bail on a 'technicality'. If due process is not followed, and if people are arrested without respecting their legal and fundamental rights, the law is subverted and rule of law becomes a joke.

The case against Purkayastha will go on. The investigating agencies, if they need to arrest him again, will now need to seek the court's permission and provide him a copy of the grounds on which he is arrested. That is as it should be. The strict laws, as mentioned above, were enacted for reasons of national security. Their misuse in some cases is unjust. It must stop. Moreover, due process must always be followed.