NEW DELHI: The Delhi High Court on Monday ordered release of NewsClick’s human resources department chief Amit Chakravarty from custody in the case lodged against the news portal under anti-terror law UAPA over allegations that it received money to spread pro-China propaganda.
Justice Swarana Kanta Sharma passed the order considering his medical condition and that the prosecution has no objection to the release of the petitioner from custody as he has turned approver in the case and granted pardon.
The high court had reserved its order on the plea by Chakravarty, who turned an approver in the case in January, on May 3 after his counsel submitted that the chargesheet has already been filed in the case and the petitioner, after turning an approver, has been cited as a prosecution witness. “This court directs that the petitioner be released on his furnishing a personal bond in the sum of Rs 25,000 with one surety of the like amount, subject to the satisfaction of concerned trial court,” the high court said.
The court said there is no doubt about the fact that one of the objectives of 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 pardon.
“However, it is also not in dispute that in case the petitioner fails to comply with the conditions of pardon such as failing to depose during the course of trial as a prosecution witness, or deposing in contradiction to his statement recorded under Section 164 of CrPC at the time of grant of pardon or not disclosing the true and correct facts or wilfully concealing the true facts, Section 308 of CrPC would be attracted and the petitioner would be liable to be tried for the offence in respect of which he was given pardon, in addition to offence of giving false evidence,” the high court said.
It noted that Chakravarty suffers from 59 per cent permanent disability and was dependent on wheel chair for his day-to-day movement.
The court said it was evident that he 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,” it said
The counsel for the Delhi Police had said the prosecution has no objection if the relief is granted to him. Chakravarty’s lawyer had said his client has been granted pardon in the case by the trial court and is also cooperating in the probe. In January, the trial court allowed Chakravarty to turn an approver in the case.