SC order in the NewsClick case shows trial court judges are authorising detentions casually. With around 50 lakh arrests a year and thousands of remand applications a day, they must apply judicial scrutiny
On Wednesday, Supreme Court declared the arrest of Prabir Purkayastha, founder of NewsClick, illegal and ordered his release from custody. Purkayastha had been in police and judicial custody since October last year, in connection with a case under provisions of the Unlawful Activities (Prevention) Act, 1967 and the Indian Penal Code, 1860.
Issue: Individual rights and national security
SC declared Purkayastha’s arrest and subsequent police remand illegal on the basis that grounds of his arrest were not communicated to him in writing. The court further held that mere filing of the chargesheet would not rectify the illegality and unconstitutionality of the arrest and grant of police custody.
Issue: Individual rights and national security
SC declared Purkayastha’s arrest and subsequent police remand illegal on the basis that grounds of his arrest were not communicated to him in writing. The court further held that mere filing of the chargesheet would not rectify the illegality and unconstitutionality of the arrest and grant of police custody.