New Delhi (PTI): The Supreme Court on Wednesday sought response of the Delhi Police on pleas of NewsClick founder Prabir Purkayastha and its HR head Amit Chakravarty against their arrest under anti-terror law UAPA.
A bench of Justices BR Gavai and Prashant Kumar Mishra issued notice to the Delhi Police and sought its response by October 30 after senior advocates Kapil Sibal and Devadatt Kamat, appearing for Purkayastha and Chakravarty, respectively, said they are in jail and the pleas be heard early.
On October 16, the top court agreed to list the matter urgently after Sibal mentioned it before the bench headed by Chief Justice DY Chandrachud.
The CJI had asked Sibal to circulate the case papers and said he would take a call on urgent listing of the matter.
The Delhi High Court had on October 13 dismissed their pleas against arrest and subsequent police remand in the case. Both were arrested by the Special Cell of the Delhi Police on October 3.
They subsequently moved the high court challenging the arrest as well as the seven-day police custody, and sought immediate release as interim relief.
The court, however, refused to grant them relief, saying there was no procedural infirmity or violation of the provisions of the Unlawful Activities (Prevention) Act in arresting them.
The trial court had on October 10 sent them to judicial custody for 10 days.
The city police has lodged cases against the two under anti-terror law Unlawful Activities (Prevention) Act (UAPA) for allegedly receiving money to spread pro-China propaganda.
According to the FIR, a large amount of funds to the news portal allegedly came from China to "disrupt the sovereignty of India" and cause disaffection against the country.
It also alleged that Purkayastha conspired with a group -- People's Alliance for Democracy and Secularism (PADS) -- to sabotage the electoral process during the 2019 Lok Sabha polls.
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New Delhi, Nov 12: The Delhi High Court has ordered cancellation of a lookout circular (LOC) issued against Ashneer Grover, the former MD of payment app BharatPe, and his wife Madhuri Jain Grover, noting that the FIR lodged against them over allegations of cheating and forgery has already been quashed.
Justice Sanjeev Narula passed the order on Monday after the court was informed that another bench of the high court quashed the FIR on the same day.
The FIR was quashed by Justice Chandra Dhari Singh after considering a plea moved by the Grovers stating that they have arrived at a settlement with the fintech company.
In his order, Justice Narula said, "Although the copy of the order (quashing the FIR) is not available as of now, the aforenoted fact is not disputed by the counsel for the parties.
"In light of the fact that the underlying FIR has been quashed, the LOC issued by respondent No. 3 (Bureau of Immigration), in the opinion of the court, will not survive."
The LOC was issued by the Bureau of Immigration at the instance of Delhi Police's Economic Offences Wing (EOW) in view of the investigation against the Grovers in the cheating and forgery FIR.
The court was hearing a plea moved by Grover and his wife Madhuri Jain Grover seeking quashing of the LOC issued against them in connection with the investigation into the cheating and forgery case.
"Accordingly, the present petitions are disposed of with a direction to the respondents to cancel the LOC against the petitioners in their records," the court noted.
Earlier, the Grovers claimed that they were informed about the LOC for the first time when they were detained at the Indira Gandhi International Airport here on November 16, 2023, while they were scheduled to travel to the US.
After being detained, they were informed that the LOC was operational from November 6, 2023.
In May last year, the EOW filed an FIR against Grover, his wife Madhuri, and others under eight sections of the Indian Penal Code, including 406 (criminal breach of trust), 420 (cheating and dishonesty), 467 and 468 (forgery), and 471 (using forged documents as genuine) for an alleged Rs 81 crore fraud after a complaint was lodged by BhartPe, the fintech unicorn.
In its complaint, BharatPe alleged that Grover and his family caused damages to the tune of Rs 81.3 crore through illegitimate payments to bogus human resource consultants, inflated and undue payments through pass-through vendors connected to the accused, sham transactions in input tax credit and payment of penalty to GST authorities, illegal payment to travel agencies, forged invoices by Madhuri, and destruction of evidence.
Madhuri was the head of controls at BharatPe before she was fired in 2022 after a forensic audit revealed several irregularities.
Subsequently, Grover resigned as the chief executive officer of the fintech firm in March 2022.