“Apparently in the remand order you don’t disclose grounds of arrest.There is a judgment of the Supreme Court now staring in the eye (sic),” Justice Tushar Rao Gedela pointed out, citing a recent apex court ruling.
The HC, however, refused to grant any interim relief to Purkayastha and Chakravarty, who have challenged their arrest and sought quashing of the FIR. It said the allegations are of such a nature that they don’t permit immediate release.
Posting the matter for Monday, the HC asked the police to also respond to their applications seeking interim release till the pendency of the petitions. The two were arrested by the Delhi police special cell on October 3 and their custody was granted to the police by a trial court till October 11.
At the request of senior advocate Kapil Sibal, who appeared for the accused, the HC also asked the investigating officer to produce the case diary before it on Monday. It also directed that the medical condition of Chakravarty, who is differently-abled, not be compromised.
Solicitor-general Tushar Mehta, representing the Delhi police, said replies to the interim prayers will be filed within a day and sought time till Monday to get instructions. During the brief hearing Sibal said the remand order doesn’t record if the counsels for the accused were heard, as family members and lawyers were only later informed about the remand proceedings.
Sibal also claimed that the trial court’s order has discrepancies as it records the presence of the petitioner’s counsel though he was contacted only at 7 am and could not have been present at 6 am, the time recorded in the remand order.”What is happening to our courts? That’s all I can say. Grounds of arrest are not given to me. Now there is an order of the Supreme Court that grounds of arrest are not only to be communicated but they have to be handed over to the person in writing,” he argued.
The HC told the SG: “So far as the remand order is concerned, it was passed at 6 am and apparently he (trial court judge) has not heard the counsel (for accused).”
The SG sought time to respond to the petitions.
Newsclick raids: Prabir Purkayastha arrested, here are details of other journalists who faced action