The Supreme Court on 15 May declared NewsClick founder and editor-in-chief Prabir Purkayastha's arrest by the Delhi police as 'illegal' under the Unlawful Activities Prevention Act 1967 (UAPA). Purkayastha was released from Tihar Jail, hours after this judgement. A Delhi court granted him bail.

A bench of Justices BR Gavai and Sandeep Mehta delivered the verdict after having concluded arguments on 30 April, as reported by LiveLaw.

Noting that a copy of the remand application was not provided to Purkayastha or his counsel before passing the remand order, the top court pronounced, "There is no hesitation in the mind of the court to reach to a conclusion that a copy of the remand application, in the purported exercise of the communication of the grounds of arrest in writing, was not provided to the accused-appellant or his counsel before the passing of the remand order dated 4 October, 2023, which vitiates the arrest and the subsequent remand of the appellant. As a result, the appellant is entitled to a direction for release from custody by applying the ration of the judgment rendered by this court."

Purkayastha was in custody since 3 October last year under the stringent UAPA Act in a case over allegedly receiving Chinese funds to propagate 'anti-national propaganda'. The Delhi police also arrested NewsClick's HR head Amit Chakravarty, but in January this year a court allowed him to turn approver in the case.

The Supreme Court had earlier on 30 April, questioned the Delhi police for hastily producing Purkayastha before the magistrate without informing his lawyer after his arrest. Setting aside the arrest, after declaring the remand as invalid, the top court ordered the release of Purkayasatha.

(This story was updated to to reveal Purkayastha has been granted bail.)