Prabir Purkayastha is the founder of ‘NewsClick’.
The Delhi High Court stated on Wednesday that the Enforcement Directorate (ED) had abused its power against independent and impartial journalism while quashing the FIR filed against Prabir Purkayastha, the founder of the news website ‘NewsClick’.
Justice Neena Bansal Krishna of the Delhi High Court set aside the FIR registered by the Economic Offences Wing; it was based on this FIR that the Enforcement Directorate (ED)—under the Union Ministry of Finance—had initiated an investigation.
Journalists and various sections of society across the country raised their voices regarding the ‘NewsClick’ investigation. Prabir Purkayastha was imprisoned. Transactions across all the organization’s bank accounts were halted. Raids were conducted, and various pieces of equipment belonging to journalists were seized.
In his verdict, Justice Krishna stated, “This investigation was conducted with mala fide intent. A unilateral attack was launched against independent and impartial journalism. There has been an abuse of power.” ‘NewsClick’ has played the role of a sharp critic of militant Hindutva communalism, dogmatism, and anti-people government policies pursued in the name of a liberal economy. It rapidly gained popularity among organizers involved in the movements of the working class and among various progressive, free-thinking sections of society.
The court stated, “Over the course of an extensive investigation spanning nearly a year and a half, the ED has repeatedly interrogated Prabir Purkayastha and journalists from his organization. However, to date, the ED has failed to present any evidence of money laundering or misappropriation of funds before the court. No evidence has been submitted against the accused that would warrant punishment under Section 4 of the Prevention of Money Laundering Act (PMLA).”
While quashing the FIR, the judge remarked, “The very existence of this FIR amounts to an abuse of the legal process through the exercise of power.” The judge observed that the manner in which searches were conducted day after day clearly indicates an interference with the petitioner’s financial affairs, despite the absence of any actual offense.
Money laundering allegations were filed based on claims regarding investments made by the US-based entity Worldwide Media Holding LLC. In February 2021, the ED conducted a four-day search at the residence of Prabir Purkayastha, the founder of ‘NewsClick’. Various allegations were raised, including violations of Foreign Direct Investment (FDI) norms and the diversion of funds from one sector to another.
Senior advocate Kapil Sibal, along with D. Krishnan and other lawyers, argued in support of Purkayastha’s plea.
Solicitor General SV Raju and other legal officials represented the Enforcement Directorate (ED).
@freemang2001gmail-com
