Saurabh Mukherjee
NewsClick and its founding editor Prabir Purkayastha are set to face a fresh legal battle after the Enforcement Directorate (ED) decided to move the Supreme Court against the Delhi High Court’s order quashing the money laundering proceedings linked to alleged violations of foreign direct investment rules.
According to reports, the officials said the agency believes the May 29 judgment failed to address several important arguments put forth by the prosecution.
In its 41-page ruling, Justice Neena Bansal Krishna had held that the continuation of the Delhi Police Economic Offences Wing's FIR against NewsClick and Purkayastha amounted to “nothing but a gross abuse of the process of law”, adding that the ED's case could not survive once the predicate offence had been set aside.
“Aside from bald assertions of there being a criminal conspiracy, there is not a whisper of any incriminating allegation, which would even remotely suggest the commission of the offence punishable under Section 4 PMLA (Prevention of Money Laundering Act),” the order said.
According to ED officials, the agency intends to challenge the verdict before the apex court, maintaining that the high court proceeded on the assumption that there was no deceived victim in the case.
Responding to the verdict, NewsClick said in a statement on Thursday that it has “always maintained that the numerous cases and charges against it are attacks on the freedom of the press.”
The high court judgment has reignited discussions over the use of investigative agencies against independent media organisations.
Over the past decade, several digital platforms, newspapers and television channels critical of the Union government have faced raids, legal proceedings and questioning by agencies and police forces.
Journalists have also been arrested or detained in connection with their reporting, prompting concerns about press freedom and freedom of expression.
In this backdrop, the Delhi High Court's observations have been viewed by rational voices, journalists and supporters of NewsClick as a significant affirmation of independent journalism.
The court observed that “not only are the present proceedings mala fide, but also an arbitrary attack and abuse of powers on the free and impartial journalism of petitioners”.
It further remarked that “Apart from bald assertions of there being a criminal conspiracy, there was not a whisper of any incriminating allegation.”
“The continuation of the FIR registered by the Delhi Police’s Economic Offences Wing was nothing but a gross abuse of the process of law,” it observed.
Observers have described the ruling as a major victory for freedom of expression and press freedom. They argue that the judgment vindicates the stand consistently maintained by the portal and its founder during the prolonged legal proceedings and strengthens broader concerns regarding the independence of the media and the constitutional guarantee of free speech.
The ED's appeal to the Supreme Court is expected to bring the matter back into focus, setting the stage for another round of litigation over the scope of investigative powers and the protection of press freedoms.
According to reports, the officials said the agency believes the May 29 judgment failed to address several important arguments put forth by the prosecution.
In its 41-page ruling, Justice Neena Bansal Krishna had held that the continuation of the Delhi Police Economic Offences Wing's FIR against NewsClick and Purkayastha amounted to “nothing but a gross abuse of the process of law”, adding that the ED's case could not survive once the predicate offence had been set aside.
“Aside from bald assertions of there being a criminal conspiracy, there is not a whisper of any incriminating allegation, which would even remotely suggest the commission of the offence punishable under Section 4 PMLA (Prevention of Money Laundering Act),” the order said.
According to ED officials, the agency intends to challenge the verdict before the apex court, maintaining that the high court proceeded on the assumption that there was no deceived victim in the case.
Responding to the verdict, NewsClick said in a statement on Thursday that it has “always maintained that the numerous cases and charges against it are attacks on the freedom of the press.”
The high court judgment has reignited discussions over the use of investigative agencies against independent media organisations.
Over the past decade, several digital platforms, newspapers and television channels critical of the Union government have faced raids, legal proceedings and questioning by agencies and police forces.
Journalists have also been arrested or detained in connection with their reporting, prompting concerns about press freedom and freedom of expression.
In this backdrop, the Delhi High Court's observations have been viewed by rational voices, journalists and supporters of NewsClick as a significant affirmation of independent journalism.
The court observed that “not only are the present proceedings mala fide, but also an arbitrary attack and abuse of powers on the free and impartial journalism of petitioners”.
It further remarked that “Apart from bald assertions of there being a criminal conspiracy, there was not a whisper of any incriminating allegation.”
“The continuation of the FIR registered by the Delhi Police’s Economic Offences Wing was nothing but a gross abuse of the process of law,” it observed.
Observers have described the ruling as a major victory for freedom of expression and press freedom. They argue that the judgment vindicates the stand consistently maintained by the portal and its founder during the prolonged legal proceedings and strengthens broader concerns regarding the independence of the media and the constitutional guarantee of free speech.
The ED's appeal to the Supreme Court is expected to bring the matter back into focus, setting the stage for another round of litigation over the scope of investigative powers and the protection of press freedoms.
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