NewsClick Case : Live Updates From Delhi High Court- Prabir Purkayastha Plea Against Arrest In UAPA Case
Sibal: No mention about communication to me. No mention about what happened in the past. There are two other issues which have overlapped the other petition. Way back in 2020 an FIR was filed by EoW alleging that I received funds from abroad.
Sibal: If you look at the remand application, there is no mention of grounds of arrest being mentioned at all.
Sibal; They know that I'm the counsel but still they don't inform me. But they inform their counsel. Order is passed without my response. Please see the remand application.
Sibal is referring to relevant provisions of PMLA and UAPA on the issue of supply of grounds of arrest.
SGI Tushar Mehta has joined the proceedings via Video conferencing.
Sibal: no such order is passed. Now in a similar provision wrt PMLA, SC has passed an order that grounds of arrest should not only be communicated but they should be given in writing.
Court: What are the provisions here?
Sibal: UAPA, same terms.
Sibal reads the order.
Sibal: What is happening to our courts. No grounds of arrest given to me. HC rules say that I'm entitled to counsel. That's the law. The magistrate has to ask the accused. Rules further say if 24 hours are expiring, then temporary remand will be issued so that counsel can appear.
Sibal: Order is passed at 6 in the morning. Please see the order.
Sibal: I've challenged arrest and remand. There are two petitions. On October 3, in morning at 6:30 they come to my house, take all my electronic devices and my phone and they take me to the office of special cell. Next morning, they take me to the magistrate