NewsClick editor Prabir Purkayastha has protection from coercive action in previous cases. Here’s all about the allegations

However, two other probes are pending against Purkayastha and NewsClick before the Delhi High Court — one pertains to a money laundering case registered by the ED and the other is a case of alleged foreign funding being probed by the city police’s EOW.

NewsClick and Purkayastha moved the Delhi High Court against them in 2021.

Journalist Pranjoy Guha Thakurta, a consultant with NewsClick who was questioned by officers of the Special Cell on Tuesday, said, “In February 2021, the ED kept Prabir Purkayastha confined to his home for five days. They couldn’t arrest him, neither could the Economic Offences Wing nor Income Tax. The Delhi High Court has stopped any coercive action, that’s why they invoked the draconian UAPA…”

Here’s what these cases are and what has happened so far:

* On August 26, 2020, a First Information Report (FIR) was filed by the Economic Offences Wing  (EOW) under Sections 406 (punishment for criminal breach of trust), 420 (cheating and dishonestly inducing delivery of property), and 120B (punishment of criminal conspiracy) of the Indian Penal Code (IPC).

The case pertains to the foreign direct investment received by PPK NewsClick Studio Private Limited, which owns the digital portal, from Worldwide Media Holdings LLC, US, during 2018-19 and alleges that the company violated Foreign Direct Investment (FDI) norms and other laws of the country.

* In February 2021, the ED had searched premises linked to NewsClick.

* On June 21, 2021, the Delhi High Court had directed the ED to not take any coercive action against NewsClick and Purkayastha until July 5, 2021, in the money laundering case.

Issuing notice in NewsClick’s petition seeking a copy of the Enforcement Case Information Report (ECIR) registered by the ED against the portal, Justice Jasmeet Singh while sitting on a vacation bench also asked the Delhi Police to respond to another petition filed by the news portal’s owners for quashing of the case registered by the Economic Offence Wing (EOW) against it in 2020.

The ED’s case is based on an FIR registered by the EOW in 2020.

* On June 23, 2021, the ED moved an application saying it would provide a copy of the ECIR to NewsClick and sought the disposal of the petition filed by the portal and Purkayastha.

* On July 5, 2021, the HC extended the interim protection granted till July 29, 2021, in the money laundering case.

Senior advocate Kapil Sibal appearing for NewsClick and Purkayastha had then informed the High Court the ECIR had still not been provided to them and Purkayastha, in the meantime, had also filed a plea for anticipatory bail. NewsClick had also filed another petition before the HC, seeking the quashing of the ED case. Observing that the ECIR should have been provided by that time, the HC issued notice on the anticipatory bail plea as well as the quashing plea.

* On July 7, 2021, the HC granted interim protection from arrest to Purkayastha and its editor Pranjal in a case registered by the EOW in 2020 on information received from the central government. The HC, however, directed petitioners to join the investigation as and when required by the Investigating Officer.

* On July 29, 2021, the HC directed that no coercive action will be taken in the money laundering case till September 2, 2021, subject to Purkayastha joining the investigation. Once again, the HC noted that the copy of the ECIR had not been provided to Purkayastha.

* On August 5, 2021, the HC while extending the interim protection granted to Purkayastha and the platform till December 17, 2021, questioned why custodial interrogation of Purkayastha was required.

* On August 11, 2023, the HC sought responses from NewsClick and Purkayastha to the ED’s plea for vacating two of the court’s 2021 orders granting interim protection in the money laundering case. The ED sought quashing of the interim orders on the ground that it has “unearthed additional material” which, it said, revealed the “commission of the offence of money laundering as well as scheduled offences by the petitioner”.

* On August 22, the HC sought the platform and Purkayastha’s stand in a plea by EOW, seeking vacation of the July 7, 2021 order granting him interim protection from arrest in the alleged unlawful foreign funding case.

In its plea for vacation of the interim order, the police have said further investigation in the matter is underway and in a “serious matter like the present case, protection of pre-arrest bail is not warranted”.

All matters are listed for hearing from October 9 to 11 at 3 pm.