Context
Recently, the Supreme Court set aside the arrest and remand of NewsClick chief editor Prabir Purkayastha in the UAPA case.
- About The Case: On Remand & Arrest of NewsClick Chief Editor :
- NewsClick chief editor Purkayastha was arrested by Delhi Police for allegedly receiving illegal funding from China, routed through the US with the intention of undermining India’s sovereignty and territorial integrity.
- SC Judgement: Court said the FIR copy was not provided to Purkayastha despite him making an application.
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- It was provided to him two days after he was arrested and a day after he was remanded in police custody which violates the Fundamental Right to inform.
- Right to Informed under article 20,21 & 22 :
- Informing the arrested person of the grounds of arrest is “salutary and sacrosanct” because it is a Fundamental Right guaranteed under article 22(1) of Indian constitution.
- Therefore, it provides Shield against arrest extended to stringent provisions of UAPA also.
- The Court said ‘The ground of arrest’ would invariably be personal to the accused and can not be equated with the ‘reason of arrest’ which are general in nature.
- The ground of arrest informed in writing must convey to the arrested accused all basic facts on which he was being arrested so as to provide him opportunity of defending himself against custodial remand and to seek bail.
- SC ordered his release with surety & Bail bond because chargesheet has been filled.
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- Section 50(1) of CRPC now Section 47 in BNSS has mentioned that the police officer who is arresting without warrant shall inform the person arrested, the grounds of his offence for which he has been arrested.
- And if the offence which he has committed is bailable in nature then it is also the duty of the police officer to inform the arrested person that he is entitled to be released on bail and he may arrange for sureties on his behalf.
- Article 22 of the Indian constitution
- It states that the arrested person must be informed of the grounds of his arrest.
- It also gives right to the arrested person to inform to his family members, any relative, or his friend about his arrest
- It means being transparent and allowing someone to access the information that it requires. Right to be informed can be seen from different perspectives.
- For instance, the consumers must have the right to be informed about the product or service that is being bought by them.
- The Consumer Protection Act of 1986 recognises the right to information as a legal right of consumers.
- Citizens also have the right to know how their personal data is used by the government.
- A citizen should be able to access any information that it may require from any public authority.
- Right to Information Act, 2005.
- Section 8 of the Right to Information Act, 2005 lists out certain categories of information that cannot be disclosed.
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The Unlawful Activities (Prevention) UAPA Act 1967
- The UAPA is an anti-terrorism law that was first enacted in 1967 with the primary objective to effectively prevent and deal with activities that pose a threat to the sovereignty and integrity of India.
- Applicability:
- The provisions of this Act apply also to Citizens of India outside India.
- Persons in the service of the Government, wherever they may be.
- Persons on ships and aircraft, registered in India, wherever they may be.
Procedure of arrest, seizure, etc under Section 43B in The Unlawful Activities (Prevention) Act, 1967
- Any officer arresting a person under section 43A shall, as soon as may be, inform him of the grounds for such arrest.
- Every person arrested and article seized under section 43A shall be forwarded without unnecessary delay to the officer-in-charge of the nearest police station.
- The authority or officer to whom any person or article is forwarded under sub-section (2) shall, with all convenient dispatch, take such measures as may be necessary in accordance with the provisions of the Code.
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- Investigating powers: Cases can be investigated by both the State police and the National Investigation Agency (NIA).
- Recent Amendments In UAPA
- 2004: Added specific chapter aimed at prosecuting terrorist acts.
- 2008: Any act “likely to threaten the unity, integrity, security or sovereignty of India” or “likely to strike terror in the people” is also a terrorist act.
- 2012: Expanded definition of “terrorist act” to include offences threatening the country’s economic security.
- 2019: The government can now declare an individual as “terrorist” and append their name in Schedule IV of the Act without any due process.
- It also empowers the Director General of the National Investigation Agency (NIA) to grant approval of the seizure or attachment of property.
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May 16, 2024