Delhi HC Extends Interim Protection From Coercive Action For Newsclick Founder Prabir Purkayastha In Corruption Case

FACTS

• The Delhi Police alleged that NewsClick’s Editor-in-Chief Prabir Purkayastha received a Foreign Direct Investment (FDI) of Rs 9.59 crore from Worldwide Media Holdings in the United States in the year 2018-19.
• The Enforcement Directorate raided the office of NewsClick and Purkayastha in February based on the FIR registered by Delhi Police’s Economic Offence Wing and conducted search and seizure.
• Prior to this, the Delhi High Court on 21 June had granted interim protection to Prabir Purkayastha, that was based on a petition seeking Enforcement Case Information Report.
• On June 23, the ED moved to the High Court seeking disposal of the petition filed by NewsClick and Prabir Purkayastha.

SUBMISSION BY THE PETITIONER

• Senior Advocate Kapil Sibal appeared for the petitioner and informed that Court that they did not receive the copy of the Enforcement Case Information Report (ECIR) as assured earlier by the agency.
• Sibal also said that the Police filed an FIR in August 2020 but did not carry any investigation for 10 months.
• The company, through another petition, has also sought quashing of the FIR which was lodged by Delhi Police and it is to be heard on 29 July.

SUBMISSION BY THE RESPONDENT

• Advocate Amit Mahajan represented the ED and informed the Court that the petitioner has appeared before the agency only once.
• It was also submitted that the petitioner took 10 days for submission of some documents and since then, has not appeared before ED.
• Counsel also informed the Court that the ED has filed an application to quash the petition seeking supply of ECIR and that they will provide the document.
• He has also informed that he agency will issue fresh summons to the petitioner.

ORDER

• Justice Mukta Gupta, in her order, extended the interim protection from coercive action to the Editor-in-Chief Prabir Purkayastha till 29 July and directed the supply of ECIR to him.
• The Court also ordered the Delhi Police not to arrest him till 5 August in the alleged money laundering case.
• The Court ordered the petitioner to cooperate with the investigation and join it and when required by the investigation officer.

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