ED in dock again, needs to be held to account

The Delhi High Court’s order, released Wednesday, on the Delhi Police Economic Offences Wing (EOW) and Enforcement Directorate’s (ED’s) cases against online portal Newsclick and its founder editor Prabir Purkayastha is an indictment, but not of the accused. Calling the continuation of the Delhi Police’s FIR “a gross abuse of the process of law”, the court has quashed the proceedings by the two agencies. “Aside from bald assertions of there being a criminal conspiracy, there is not a whisper of any incriminating allegation,” the HC said in a verdict that raises serious questions about the motives and competence of the investigating bodies and the prosecution. Purkayastha, who spent seven months in jail, still faces cases under UAPA, FCRA and income tax laws. That’s why the broader question now is about accountability for what appears to be an attempt to weaponise legal proceedings against a media outlet.

From Purkayastha’s arrest under the Unlawful Activities (Prevention) Act (UAPA), voided by the Supreme Court in 2024, to the lack of legal grounds for the charges under the Prevention of Money Laundering Act (PMLA) and Indian Penal Code against Newsclick, it is clear that scant regard was paid to the letter and spirit of the law. This cavalier attitude is even more disturbing given the frequency with which the ED and other agencies invoke “special” laws like the UAPA and PMLA, all but shifting the burden of proof onto the accused and significantly increasing the threshold for the grant of bail. The HC also underlined the hollowness of the ED’s demand for more time to investigate over a year and a half after it began its inquiries. As the SC observed last year in Robert Lalchungnunga Chongthu v. State of Bihar, investigations cannot continue endlessly. Earlier in Vakil Prasad Singh v. State of Bihar (2009), the Court had said the right to a speedy trial falls under the purview of Article 21, and this includes a speedy investigation. The SC has also repeatedly asserted, including in the Purkayastha case, that bail should be the rule and jail the exception, even when charges are brought under special laws.

For some time now, legal scholars have argued that the process of establishing guilt or innocence often becomes the punishment. There are no disincentives or consequences, particularly in cases that have a certain political hue, for lapses in investigation and prosecution. Earlier this week, the Allahabad HC held magistrates and police officers liable for illegal preventive detentions. It is time to take this conversation forward and evolve a framework to ensure accountability without hampering investigations.