NewsClick Case | Supreme Court Expresses Surprise At Delhi Police's Statement That Medical Report From Jail Officer May Not Be Reliable

The Bench of Justices BR Gavai and Sandeep Mehta was hearing Purkayastha's challenge to a Delhi High Court decision, upholding his arrest by the Delhi Police in a case under the Unlawful Activities (Prevention) Act over alleged Chinese funding to promote anti-national propaganda.

For a gist of the case, click here.

Today, when the matter could not be taken up at its turn, Senior Advocate Kapil Sibal (appearing on behalf of Purkayastha) said in a lighter vein, "your Lordships the clock is clicking but we are not getting any news" (reference to NewsClick)

Justice Gavai replied in jest, "you kept us the entire day..." (referring to another matter in which Sibal appeared and argued)

Expecting that the matter would be listed on coming Tuesday, the Senior Counsel prayed that a report may be called from the Superintendent of the Jail where Purkayastha is lodged. When the Bench asked for the State's response on the same, ASG SV Raju suggested that the matter may be kept after a week.

The Bench expressed its inability to take up matters other than those listed for final hearing on Wednesdays and Thursdays. Therefore, the ASG suggested that the matter may be listed for Friday. But, Sibal took serious objection saying "I'm going to oppose that, I'm sorry...I normally never oppose...this has been going on for too long".

Considering, the Bench confirmed that the matter would go to Tuesday. At this juncture, Sibal beseeched the Court to call for a medical report from the Jail Superintendent. The ASG, however, requested that instead of a medical report from the Jail Superintendent, the Court may call for an "appropriate Report".

"If the man is residing there, what's the point of saying 'an appropriate report'?", snapped Sibal on hearing the ASG's submission.

The ASG tried to suggest that Medical Reports from Jail Officers may be open to influence by the accused. Expressing displeasure, Justice Mehta commented that the ASG was making "a very strange statement".

In the same vein, Justice Gavai remarked that the suggestion was a dent on the administration's own competence. He in fact went on to say to the ASG, "If you're so courageous, take action against your own officers".

The Bench could also be heard saying that it could not proceed on presumptions such as all politicians, etc. are corrupt. In closing, it was demanded that the relevant report be filed within a week.

Notably, Sibal also mentioned in the above regard that the Court may call for the Jail Superintendent's Report and if the State wants, it can challenge the same in future.

After hearing the submissions, Justice Gavai dictated, "We request the learned ASG to place on record the report of the Medical Officer of the concerned prison with regard to the medical condition of the [petitioner]".

Counsel for petitioner/Purkayastha: Senior Advocate Kapil Sibal

Counsel for State: Additional Solicitor General SV Raju

Case Title: Prabir Purkayastha v. State | Diary No. 42896 of 2023