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A Delhi court on Thursday allowed the applications of NewsClick founder Prabir Purkayastha and human resources head Amit Chakravarty, arrested in a case lodged under anti-terror law UAPA over allegations that the news portal received money to spread pro-China propaganda, seeking a copy of the FIR.
Additional Sessions Judge Hardeep Kaur directed the city police to provide the duo with a copy of the FIR, citing a 2016 order of the Supreme Court and a 2010 order of the Delhi High Court.
Allowing the applications, ASJ Kaur directed the Investigating Officer (IO) concerned to furnish the certified copy of the FIR "as per law" to the accused.
During the proceedings on Thursday, Chakravarty's advocate argued that though the offences alleged against his client under the Unlawful Activities (Prevention) Act (UAPA) were “serious”, there were no statutory grounds for the prosecution to deny him a copy of the FIR.
Purkayastha's counsel, Advocate Arshdeep Singh Khurana, claimed it was the accused's right to get a copy of the FIR.
Special Public Prosecutor Atul Shrivastava vehemently opposed the applications, saying the case was “sensitive” and the investigation was still at an initial stage.
He cited a Supreme Court judgment to say in case of an accused not being provided a copy of FIR because of its “sensitive nature,” the accused has to first approach the police commissioner, who would then form a committee within eight weeks to consider the request. The SPP said the accused must follow the "step-by-step procedure" prescribed by the apex court.
The application filed by the accused was "premature" and they cannot "directly jump before the court", Shrivastava added.
“We have already provided the grounds for arrest and the reasons for further remand. We have already complied with the provisions,” he said.
Citing the remand application, the SPP said the accused undermined the unity and territorial integrity of the country, besides engaging in a discussion regarding a map of India without Kashmir and showing Arunachal Pradesh as a disputed area. The accused received Rs 115 crore in the guise of foreign funding, he said.
Purkayastha and Chakravarty were arrested by the Special Cell of the Delhi Police on Tuesday. Police have sealed NewsClick's office in Delhi.