FOLLOWING PARDON BY TRIAL COURT IN UAPA CASE, DELHI HC ORDERS RELEASE OF NEWSCLICK HR HEAD AMIT CHAKRABORTY

The Delhi High Court Monday ordered the release of NewsClick HR head Amit Chakraborty after he was granted pardon by the trial court in a UAPA case lodged against the news portal following allegations that it was given money to spread pro-China propaganda.

A single-judge bench of Justice Swarana Kanta Sharma, in its order, noted that the prosecution had told the HC that it has “no objection” if Chakraborty is released from judicial custody, considering that he had recorded his Section 164 CrPC statement before the Magistrate where “he has disclosed the true facts in relation to the present case”.

Thereafter, the HC, after considering the no-objection given by the prosecution along with Chakraborty's medical condition and facts and circumstances of the case, directed that he be released from custody on furnishing a “personal bond” of Rs 25,000 with a surety of the like amount, subject to certain conditions.

The conditions recorded in the HC order are that Chakraborty “shall comply with all the conditions” based on which pardon was granted to him by the trial court. Secondly, he shall appear before the Trial/Sessions Court as and when directed; and finally, he shall not leave the country without the “prior permission of the Trial/Sessions Court.”

The HC, however, clarified that its order should not be considered as an opinion on the merits of the matter.

While also taking note of Chakraborty's medical condition, Justice Sharma said that the documents on record, including his disability certificate, stated that he suffered from “59% permanent physical disability due to post-polio residual paralysis of both lower extremities” and that he is dependent on a wheelchair.

Observing that the medical condition was not disputed by the prosecution, Justice Sharma said, “Given the extent of his disability and dependence on a wheelchair, it is evident that the petitioner faces significant obstacles in carrying out even basic activities of daily living. The petitioner's medical condition warrants special consideration and calls for a humane and understanding approach to his situation. In cases where an individual's physical disability significantly affects his well being and daily functioning, the court must acknowledge its responsibility to intervene judiciously and consider the possibility of relief or release from custody if the same is permissible under law.”

The HC further said that one of the objectives behind keeping the approver in custody till the conclusion of trial is to “prevent him from the temptation of saving his former friends and companions, by resiling from the terms of grant of pardon”.

It further said that Chakraborty's statement, recorded under Section 164 of Cr.P.C. “at the time of grant of pardon” would also be admissible as evidence against him, in case he resiles from his earlier statement, “at the stage of recording of his testimony”.

The HC noted that Chakraborty was arrested on October 3, 2023 and had been in custody since then whereas trial in the matter had not yet begun as the investigation “has yet not entirely concluded”.

The HC also said that the sessions court, while granting pardon to the petitioner, had, in its January 6 order, noted the statement of the investigating officer (of Delhi Police) that Chakraborty had “disclosed all the true facts in relation to the present case out of his own free will and the said statement made by the petitioner was good evidence and thus, the investigating agency had no objection if he was allowed to become approver in this case”.

“The petitioner (Chakraborty) was also asked by the learned ASJ with respect to his free consent and willingness to become an approver in this case, whereby he had categorically stated that he had disclosed the truth out of his own free will,” the HC said.

The trial court, while granting pardon to Chakraborty, had subjected him to certain conditions, which include that he shall make a “full and true disclosure of the whole of the circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor in the commission of offence in this case”. The other conditions of the trial court was that Chakraborty shall not “willfully conceal anything essential”, shall not “willfully give false evidence” and that he shall comply with all the conditions based on which the pardon was tendered.

Justice Sharma also referred to various judgments of the Delhi HC as well as other high courts which have “unanimously” held that the HC, while “exercising its inherent powers under Section 482 of Cr.P.C.”, can order the release of an approver from detention in “appropriate cases”.

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2024-05-06T20:33:45Z dg43tfdfdgfd