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

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  • Supreme Court said that if an accused or even a convict obtains a NOC from the concerned court with the rider that permission would be needed to go abroad, the government cannot obstruct renewal of their passport
  • Supreme Court said that criminal record and gravity of offence play a big part in bail decisions while quashing the bail of 5 habitual offenders
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  • U19 Asia Cup: India take on Pakistan today for the crown
  • In a surprisng move, the selectors dropped Shubman Gill from the T20 World Cup squad and made Axar Patel the vice-captain. Jitesh Sharma was also dropped to make way for Ishan Kishan as he was performing well and Rinku Singh earned a spot for his finishing abilities
  • Opposition parties, chiefly the Congress and TMC, say that changing the name of the rural employment guarantee scheme is an insult to the memory of Mahatma Gandhi
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  • Finance Minister Nirmala Sitharaman said that if India were a 'dead economy' as claimed by opposition parties, India's rating would not have been upgraded
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  • Nitin Nabin took charge as the national working president of the BJP
  • Division in opposition ranks as J&K chief minister Omar Abdullah distances the INDIA bloc from vote chori and SIR pitch of the Congress
U19 World Cup - Pakistan thrash India by 192 runs ////// Shubman Gill dropped from T20 World Cup squad, Axar Patel replaces him as vice-captain
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.